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Case of the Month December 2023

Jury Declines to Find Homeowners at Fault for Slip, Fall Accident on Ice

Silva Jr. v. American Family Insurance Co.

Case Type:
Premises Liability - Private Residence; Slip-and-Fall; Ice

Specific Liability:
Plaintiff asserted his parents' negligence caused him to slip and fall on a patch of black ice near his parents' home's gate

General Injury:
Torn patellar tendon rupture to right knee, which required surgery

Jurisdiction:
State: Wisconsin
Circuit Court of Wisconsin, First Judicial District, Milwaukee County.

Related Court Documents:
Plaintiff's complaint: 2019 WL 13331918
Plaintiff's pretrial report: 2020 WL 13740381
Defendant American Family Insurance's pretrial report: 2020 WL 13740383
Special verdict form: 2022 WL 19920131

Case Name:
Silva Jr. v. American Family Ins. Co.

Docket/File Number:
2019-CV-006545

Result Amount:
$0

Result Date:
June 14, 2022

Judge:
Pedro A. Colon

Attorneys:
Plaintiff: Nathaniel Cade Jr., Cade Law Group LLC, Milwaukee, WI
Defendant: Richard L. Zaffiro, American Family Mutual Insurance Company Litigation Counsel, Waukesha, WI

Result Type:
Jury Trial

Experts:
Plaintiff: Orthopedic Surgeon: Mellon, Matthew, M.D., Milwaukee, WI
Defendant: Not Reported

Breakdown of Award:
Defense Verdict

Summary of Facts:
Plaintiff Samuel Silva Jr. said he was walking to the entrance of a residence owned by his parents, Samuel Silva Sr. and Rogelia Silva, when he slipped and fell on a patch of black ice present near his parents' home's gate.

The plaintiff said he suffered personal injuries due to the accident, which included a torn patellar tendon rupture to his right knee, which required him to undergo surgery.

At the time of the accident, defendant American Family Insurance Company reportedly provided insurance for the plaintiff's parents' home.

In his complaint, the plaintiff asserted his parents' negligence, which included failing to properly maintain their property, caused his accident. The plaintiff argued as his parents' insurer, American Family was liable for their alleged negligence.

The defendant denied liability and asserted the plaintiff's parents properly maintained their property, as the plaintiff's brother had earlier shoveled snow from their home's walkway where the plaintiff slipped and fell and subsequently applied salt. The defendant also contended the plaintiff's own comparative fault caused his accident.

The defendant further disputed the nature and extent of the plaintiff's claimed injuries and damages.

Jurors declined to find that the plaintiff's negligence caused his accident, and declined to find that the plaintiff's parents negligently maintained their property.

Circuit Court of Wisconsin, First Judicial District, Milwaukee County.

Westlaw Citation:
2022 WL 21310023