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Case of the Month April 2024

Restaurant Patron Recovers $5K Following Accident Involving Falling Off Chair

Haynes v. Umar

Case Type:
Premises Liability - Negligent Repair/Maintenance
Premises Liability - Restaurant
Negligence-Other

Specific Liability:
Restaurant patron suffered personal injuries when the leg of his chair fell into a hole present on a restaurant's floor

General Injury:
Unspecified personal injuries

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

Related Court Documents:
Plaintiff's complaint: 2022 WL 20381063
Joint petition for approval of third party proceeds and stipulation for dismissal: 2023 WL 4627860
Order for approval of distribution of third party proceeds and order for dismissal: 2023 WL 4679801

Case Name:
Haynes v. Umar et al.

Docket/File Number:
2022-CV-001098

Result Amount:
$5,000

Result Date:
March 29, 2023

Judge:
Mark Nielsen

Attorneys:
Plaintiff: Edward E. Robinson, Cannon & Dunphy SC, Brookfield, WI
Defendant: James C. Ratzel, Ratzel & Associates LLC, Brookfield, WI; Brenda Colina, Ratzel & Associates LLC, Brookfield, WI

Result Type:
Settlement

Experts:
Plaintiff: Not Reported
Defendant: Not Reported

Breakdown of Award:
$875 to plaintiff for damages
$1,750 to involuntary plaintiff Old Republic Insurance Company representing the balance of gross settlement funds after deduction of payments
$2,375 to plaintiff's counsel for attorney fees and costs

Summary of Facts:
Plaintiff Richard Haynes said he was attending a work lunch at the Kabab & Grill, a restaurant located in Racine, Wis., which was allegedly managed and/or operated by defendant Sheikh Umar, doing business as Kabab & Grill. The plaintiff said when he was sitting at a table in the restaurant, he pushed his chair backwards, which resulted in one of the chair's legs falling into a hole present on the floor. The plaintiff said he fell over backwards and struck the floor.

The plaintiff said he suffered personal injuries due to his fall.

The plaintiff asserted the defendant's negligence, which included failing to maintain his premises in a reasonably safe condition, failing to periodically inspect and maintain the restaurant premises and failing to remove and/or repair the defective condition, namely a hole in the restaurant's floor, caused his accident.

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

Old Republic Insurance Company was also named as an involuntary plaintiff in the lawsuit due to its paying workers compensation benefits for injuries the plaintiff suffered due to the accident.

The parties agreed to resolve the plaintiff's claims arising from the accident for $5,000, and sought court approval of the settlement.

The court approved the settlement terms.

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

Westlaw Citation:
2023 WL 4850536