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Case of the Month October 2023

Jury Declines to Award Plaintiff Damages Following Slip, Fall in Medical Center Parking Lot in Green Bay

Kollross v. St. Mary's Hospital Medical Center of Green Bay Inc.

Case Type:
Premises Liability - Fall; Hospital

Specific Liability:
Failure to timely remove and/or remedy the hazardous accumulation of ice in defendant's parking lot

General Injury:
Fracture of One Ankle

Jurisdiction:
State: Wisconsin
Circuit Court of Wisconsin, Eighth Judicial District, Brown County.

Related Court Documents:
Plaintiff's second amended complaint: 2017 WL 11774184
Defendants' brief in support of motion for summary judgment: 2020 WL 13740377
Special verdict: 2022 WL 19920128
Stipulation and order for dismissal 2022 WL 19974657

Case Name:
Kollross v. St. Mary's Hospital Med. Ctr. of Green Bay Inc. et al.

Docket/File Number:
2017-CV-000084

Result Amount:
$0

Result Date:
June 08, 2022

Judge:
Marc A. Hammer

Attorneys:
Plaintiff: Alexander J. Sickel, Hinkfuss, Sickel, Pettijean & Wieting, Green Bay, WV
Plaintiff: Trisha M. Schense, Hinkfuss, Sickel, Pettijean & Wieting, Green Bay, WI
Defendant: John F. Mayer, Nash, Spindler, Grimstad & McCracken LLP, Manitowoc, WI
Defendant: Katelyn P. Sandfort, Nash, Spindler, Grimstad & McCracken LLP, Manitowoc, WI
Defendant: Ryan R. Graff, Nash, Spindler, Grimstad & McCracken LLP, Manitowoc, WI
Defendant: Joshua M. Greatsinger, Nash, Spindler, Grimstad & McCracken LLP, Manitowac, WI
Defendant: Katherine T. Mayer, Nash, Spindler, Grimstad & McCracken LLP, Manitowoc, WI

Result Type:
Jury Trial

Experts:
Plaintiff: Not Reported
Defendant: Not Reported

Breakdown of Award:
Defense Verdict

Summary of Facts:
Plaintiff Nicole Kollross reportedly parked her vehicle in a parking lot owned and/or operated by defendant St. Mary's Hospital Medical Center of Green Bay Inc., to report for work as a patient service representative with Prevea Health, located on the St. Mary's campus. The plaintiff said while walking across the parking lot, she slipped and fell on ice.

The plaintiff said she suffered personal injuries, which included a left ankle dislocation and fracture, due to the accident.

In her second amended complaint against St. Mary's Hospital and its reported insurer, defendant Preferred Professional Insurance Company, the plaintiff asserted St. Mary's Hospital's negligence, which included failing to timely remove and/or remedy the hazardous accumulation of ice in its parking lot and failing to implement procedures to prevent ice accumulation and/or other hazardous conditions in its parking lot, caused her slip and fall accident.

The plaintiff also contended St. Mary's Hospital's failure to maintain the safety of its premises violated the Wisconsin Safe Place Statute, Wis. Stat. Section 101.11.

The defendants denied liability and denied St. Mary's Hospital had actual or constructive notice of the presence of ice in its parking lot on the morning of the plaintiff's slip and fall accident. Although it was unaware of the presence of ice, the defendants asserted St. Mary's Hospital had an employee salting and/or shoveling snow around the medical campus out of an abundance of caution on the morning of the plaintiff's accident.

The defendants also contended the plaintiff's own negligence may have caused the incident in question and her resulting injuries.

Circuit Court of Wisconsin, Eighth Judicial District, Brown County.

Westlaw Citation:
2022 WL 20610819