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Case of the Month August 2023

Parties Reach $500K Settlement Following Forklift Accident Involving Collapse of Semi-Trailer Floor in Pleasant Prairie

Jett v. The Cincinnati Insurance Co.

Case Type:
Negligence-Other
Insurance - Other Insurance
Vicarious Liability

Specific Liability:
Individual operating forklift suffered personal injuries when the floor of a semi-trailer collapsed when he was attempting to unload product from the trailer

General Injury:
Injuries to neck, requiring fusion surgery

Jurisdiction:
State: Wisconsin
Circuit Court of Wisconsin, Second Judicial District, Kenosha County.

Related Court Documents:
Plainitff's first amended complaint: 2018 WL 11509723
Defendant Cincinnati Insurance Co.'s brief in support of motion for summary judgment: 2018 WL 11509726
Plaintiff's combined brief in opposition to motions for summary judgment: 2019 WL 13295774
Order approving settlement and distribution 2022 WL 19521440

Case Name:
Jett v. The Cincinnati Ins. Co. et. al.

Docket/File Number:
2017-CV-001313

Result Amount:
$500,000

Result Date:
August 24, 2022

Judge:
Bruce E. Schroeder

Attorneys:
Plaintiff: Jesse B. Blocher, Habush, Habush & Rottier SC, Kenosha, WI; Andrew S. Wier, Habush Habush & Rottier SC, Kenosha, WI; Steven Botzau, Habush, Habush & Rottier SC, Kenosha, WI
Defendant (Cincinnati Insurance): Mark W. Rattan, Litchfield Cavo LLP, Brookfield, WI; Jonathan J. Feldbruegge, Litchfield Cavo LLP, Brookfield, WI
Defendants (Great American defendants): Joel D. Groenewold, Sheboygan, WI
Defendants (Old Republic Insurance and Penske defendants): W. Timothy Steinle, Terschan, Steinle, Hodan & Ganzer Ltd., Milwaukee, WI
Defendants (Old Republic and Penske defendants): Amber L. Herda, Terschan, Steinle, Hodan & Ganzer Ltd., Milwaukee, WI
Defendants (Roback's Truck and Auto-Owners Insurance): James C. Ratzel, Ratzel & Associates LLC, Brookfield, WI

Result Type:
Settlement

Experts:
Plaintiff: Not Reported
Defendant: Not Reported

Breakdown of Award:
$300,000 to plaintiff from defendant Roback's Truck & Auto Inc. and its insurer for damages
$125,000 to plaintiff from defendants Penske Truck Leasing Company LP and Penske Truck Corporation and their insurer for damages
$75,000 to plaintiff from defendants Great American Transport LLC, Great American Transportation Resources LLC and GAT Dedicated Inc. and their insurer for damages

Summary of Facts:
Plaintiff Andre Jett was reportedly operating a forklift within the course and scope of his employment with Freight Handlers Inc. at a distribution center located in Pleasant Prairie, Wis. The plaintiff said as he was attempting to unload product from a Great Dane semi-trailer owned by defendant Penske Truck Leasing Company LP and Penske Truck Leasing Corporation (collectively referred to as the Penske defendants) and leased by defendants Great American Transport LLC, Great American Transportation Resources LLC and/or GAT Dedicated Inc. (collectively referred to as the Great American defendants), the trailer's floor suddenly detached from its sidewall and collapsed underneath him.

The plaintiff said his forklift came to a sudden stop and dropped several feet, causing him to suffer personal injuries, which included injuries to his neck that required him to undergo fusion surgery.

The plaintiff asserted before the accident, the Penske defendants hired defendant Roback's Truck & Auto Inc. to replace the trailer's lower right rail. The plaintiff contended Roback's Truck used non-original equipment manufacturer (non-OEM) rivets to secure the lower right rail to the trailer's sidewall. According to the plaintiff, the soft rivets installed by Roback's Truck caused the collapse of the trailer's floor.

The plaintiff asserted claims against multiple defendants, which included the Great American defendants and their reported insurer, defendant Cincinnati Insurance Company, the Penske defendants and their insurer, defendant Old Republic Insurance Company, and Roback's Truck and its insurer, Auto-Owners Insurance Company. The plaintiff contended the defendants' negligence, which included the Great American defendants and the Penske defendants failing to properly inspect, repair and/or maintain the semi-trailer, causing the semi-trailer to be overloaded so that the floor would collapse and failing to warn the plaintiff and others that the semi-trailer was not secure, caused the accident.

The plaintiff also argued the Great American defendants and the Penske defendants were vicariously liable for any negligence on the parts of their employees in causing the accident under the doctrine of respondeat superior.

In addition, the plaintiff contended the Great American defendants and the Penske defendants failed to provide a safe place for their employees and/or frequenters and failed to construct, repair or maintain premises in a safe condition in violation of the Wisconsin Safe Place Statute, Wis. Stat. Section 101.11.

The plaintiff further asserted Roback's Truck's negligence, which included failing to properly repair the semi-trailer, caused the trailer's floor to collapse.

The parties agreed to resolve the plaintiff's claims arising from the accident for $500,000, with Roback's Truck and its insurer paying $300,000, the Penske defendants and their insurer paying $125,000 and the Great American defendants paying $75,000, towards the settlement.

The parties sought court approval of the settlement, and the court approved the settlement terms.

Circuit Court of Wisconsin, Second Judicial District, Kenosha County.

Westlaw Citation:
2022 WL 19838210