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Case of the Month October 2024

Parties Reach $80K Settlement for Plaintiff's Injuries Due to Door Striking Her at Milwaukee Bucks Basketball Game

Orozco v. Fiserv Inc.

Case Type:
Premises Liability - Sports/Amusement Facilities
Premises Liability - Negligent Repair/Maintenance

Specific Liability:
Patron at sports arena suffered personal injuries when a heavy door that she was standing next to suddenly opened and struck her

General Injury:
Injuries to her shoulder, upper arm and cervical region of spine

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

Related Court Documents:
Plaintiff's complaint: 2022 WL 22400072
Plaintiff's pretrial report: 2023 WL 9743548
Defendants' pretrial report: 2023 WL 9743546
Order approving distribution of third party proceeds and for dismissal 2023 WL 9749679

Case Name:
Orozco v. Fiserv Inc. et al.

Docket/File Number:
2022-CV-001368

Result Amount:
$80,000

Result Date:
July 26, 2023

Judge:
David Borowski

Attorneys:
Plaintiff: Jason S. Richard, J. Richard Law Offices LLC, Milwaukee, WI
Defendants: Marcello S. Spoto, Wilson Elser Moskowitz Edelman & Dicker LLP, Milwaukee, WI; John P. Loringer, Wilson Elser Moskowitz Edelman & Dicker LLP, Milwaukee, WI

Result Type:
Settlement

Experts:
Plaintiff: Lawrence Maciolek, M.D., Orthopedic Surgeon, New Berlin, WI; Brian Curtin, D.O., Pain Medicine Specialist, Milwaukee, WI; Steven Donatello, M.D., Pain Medicine Specialist, Glendale, WI
Defendants: J. Noonan, M.D., Orthopedic Surgeon, Waukesha, WI

Breakdown of Award:
$17,778 to plaintiff for damages
$33,908 to involuntary plaintiff Wesco Insurance Company for reimbursement of payment of workers' compensation benefits on behalf of the plaintiff
$28,314 to plaintiff's counsel for attorney fees and costs

Summary of Facts:
Plaintiff Rosaura Orozco was reportedly attending a Milwaukee Bucks basketball game within the course and scope of her employment with Children's Outing Association (COA) Youth & Family Centers at an arena referred to as Fiserv Forum and/or the Deer District, located in Milwaukee, Wis., and owned, operated and/or managed by defendants Fiserv Inc., Deer District LLC and/or Wisconsin Center District.

The plaintiff said that while at the Fiserv Forum and/or the Deer District, she was struck by a large and heavy door that suddenly swung open by people who were pushing a cart to transport beverages.

The plaintiff said that she suffered personal injuries, which included injuries to her shoulder and upper arm, as well as injuries to her cervical region of her spine, due to the accident.

The plaintiff asserted that the defendants' negligence caused the accident and her resulting injuries and damages. Specifically, the plaintiff contended that the defendants failed to properly maintain the property, which included its doorways, entrances and/or exits, in safe manners, failed to warn of the dangerous condition related to the door's location and failed to properly safeguard and/or mark the door.

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

The defendants denied liability and disputed the nature and extent of the plaintiff's claimed injuries and damages.

The parties agreed to resolve the plaintiff's claims arising from the accident for $80,000, 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 11114228