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Case of the Month September 2024

Parties Reach $195K Settlement Following Home Healthcare Provider's Slip, Fall Accident on Icy Driveway in Milwaukee

Alba v. Erie Insurance Exchange

Case Type:
Premises Liability - Slip/Trip & Fall
Premises Liability - Residential Property
Premises Liability - Slippery Surface
Premises Liability - Negligent Repair/Maintenance

Specific Liability:
Home healthcare provider slipped and fell due to the presence of ice and snow on driveway where the patient who she was providing healthcare services to resided

General Injury:
Injuries to left ankle requiring multiple surgeries

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

Related Court Documents:
Plaintiffs' complaint: 2021 WL 12235000
Plaintiffs' pretrial report: 2023 WL 10405101
Defendants' pretrial report: 2023 WL 10405100
Proposed order approving distribution of third-party settlement: 2023 WL 10409710

Case Name:
Alba et al. v. Erie Ins. Exchange et al.

Docket/File Number:
2021-CV-007101

Result Amount:
$195,000

Result Date:
September 27, 2023

Judge:
William Sosnay

Attorneys:
Plaintiffs: Steven G. Kmiec, Kmiec Law Offices SC, Milwaukee, WI
Defendants: Brittany L. Mirabella, Simpson & Deardorff SC, Milwaukee, WI; Heidi D. Melzer, Simpson & Deardorff SC, Green Bay, WI; Taylor A. Van Zeeland, Simpson & Deardorff SC, Milwaukee, WI

Result Type:
Settlement

Experts:
Plaintiffs: Mark McGinnis, Consulting Meteorologist, Fair Skies Consulting LLC, Milwaukee, WI; Michael Iossi, M.D., Orthopedic Surgeon, Milwaukee, WI; Eric Malicky, M.D., Orthopedic Surgeon, Grafton, WI; David Sliwoski, M.D., Pain Management, Germantown, WI
Defendants: Michael Kokat, D.P.M., Podiatrist, Greenfield, WI; Bruce Summerville, M.D., Orthopedic Surgeon, Park City, IL

Breakdown of Award:
$10,000 to plaintiff David Florez Ramirez for his loss of society and consortium claim
$2,000 to plaintiff Carlos Alba for his loss of society and consortium claim
$2,000 to plaintiff Jose Villagran Alba for his loss of society and consortium claim
$2,000 to minor plaintiff F.N.F. for her loss of society and consortium claim
$37,910 to plaintiff Lucia Alba for damages
$50,000 to involuntary plaintiff Hasting Mutual Insurance Company in full satisfaction of its interest under Wis. Stat. Section 102.29
$25,821 to plaintiff Lucia Alba for a cushion or credit against any additional worker's compensation benefits
$65,269 to plaintiffs' counsel for attorney fees and costs

Summary of Facts:
Plaintiff Lucia Alba was reportedly employed as a home healthcare provider with Supportive Homecare Options Inc., also known as Anew Home Care (referred to as SHO). Alba said that Iris Alarcon and her father, Abad Gonzalez, hired SHO to provide home healthcare services for Gonzalez, who resided with Alarcon, at her home located on West Wilbur Avenue in Milwaukee, Wis., when Alarcon was at work.

Alba said Alarcon's and Gonzalez's contract with SHO required them to provide its home healthcare employees with a safe work environment.

Alba said that when she arrived at Alarcon's residence to provide home healthcare services for Gonzalez, she parked her automobile in the home's driveway. Alba said that when her shift ended, she slipped and fell on Alarcon's driveway due to an accumulation of ice and snow that had not been removed. Alba said that she rolled her left ankle when she was falling and landed on her left leg.

Alba reportedly suffered personal injuries, which included injuries to her left ankle that required her to undergo three surgeries and resulted in her sustaining a permanent injury, due to the accident. Alba said that she incurred medical expenses of approximately $182,000 and lost wages of approximately $40,500, while her husband and her children suffered a loss of her society and consortium due to her injuries.

In a complaint, Lucia Alba and her husband, plaintiff David Flores Ramirez, as well as their adult sons, plaintiffs Carlos Alba and Jose Villagran Alba, and their minor daughter, F.F.A., named Alarcon and Gonzalez as defendants in the lawsuit, as well as Alarcon's reported insurance provider, Erie Insurance Exchange. The plaintiffs contended that the defendants' negligence caused Lucia's accident and their resulting injuries and damages.

Specifically, the plaintiffs contended that the defendants were aware that Lucia would be required to walk across their residence's driveway to access her automobile at the end of her shift, and argued that the presence of ice and snow on the driveway constituted an unreasonable risk of injury and/or harm to Lucia. The plaintiffs also asserted that the defendants failed to properly maintain the condition of their premises.

In addition, the plaintiffs argued that the defendants' failure to maintain the safety of their premises violated the Wisconsin Safe Place Statute, Wis. Stat. Section 101.11.

The parties agreed to resolve the plaintiffs' claims arising from the accident for $195,000, and sought court approval of the settlement.

The court approved the settlement terms.

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

Westlaw Citation:
2023 WL 11807414