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Case of the Month November 2023

Parties Reach $25K Settlement Following Elevator Malfunction in Kenosha

Owens v. General Casualty Company of Wisconsin

Case Type:
Premises Liability - Elevator/Escalator
Premises Liability - Negligent Repair/Maintenance
Premises Liability - Retail & Other Business Properties

Specific Liability:
Individual suffered personal injuries when elevator in which she was riding malfunctioned and dropped seven floors

General Injury:
Unspecified personal injuries

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

Related Court Documents:
Plaintiff's amended complaint: 2020 WL 13689933
Order for distribution of third party proceeds: 2022 WL 19521445
Order for dismissal: 2022 WL 19521444

Case Name:
Owens v. General Cas. Co. of Wisconsin et al.

Docket/File Number:
2020-CV-000903

Result Amount:
$25,000

Result Date:
December 08, 2022

Judge:
Bruce E. Schroeder

Attorneys:
Plaintiff: Kathryn P. Heyer, Sperling Law Offices LLC, Milwaukee, WI
Defendants (Kenosha National LLC and QBE Insurance): Timothy J. Pike, Hickey Smith Dodd LLP, Libertyville, IL
Defendant (General Casualty): Brian David Hahn, Chicago, IL
Defendant (Express Elevator LLC): Patrick W. Brennan, Crivello Carlson SC, Milwaukee, WI; William E. Keeler III, Crivello Carlson SC, Milwaukee, WI

Result Type:
Settlement

Experts:
Plaintiff: Not Reported
Defendant: Not Reported

Breakdown of Award:
$6,815 to plaintiff for damages
$10,595 to subrogated plaintiff Accident Fund Insurance Company of America in satisfaction of a worker's compensation lien
$7,590 to plaintiff's counsel for attorney fees and costs

Summary of Facts:
Plaintiff Rachel Owens said she was using an elevator in a building owned and/or operated by defendant Kenosha National LLC, and insured by defendant QBE Insurance Corporation and/or General Casualty Company of Wisconsin when the elevator allegedly malfunctioned and dropped approximately seven floors.

The plaintiff said the elevator was maintained and/or repaired by defendant Express Elevator LLC.

The plaintiff said she suffered personal injuries due to the incident.

The plaintiff contended Kenosha National's and/or Express Elevator's negligence, which included failing to properly maintain, inspect and repair the building's elevator, caused the incident. The plaintiff also contended the defendants failed to warn users of the elevator of its dangerous condition.

The plaintiff further asserted Kenosha National's failure to maintain the safety of its premises violated the Wisconsin Safe Place Statute, Wis. Stat. Section 101.11.

The parties agreed to resolve the plaintiff's claims arising from the accident for $25,000, and sought court approval of the settlement.

The court approved the settlement terms.

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

Westlaw Citation:
2022 WL 19570738