ACUITY, A Mut. Ins. Co. v. The Fire Place, Ltd.
Decision Date: 10/18/06
Case No. 04 CV 8483
State of Wisconsin/Circuit Court/Milwaukee County
Jury Trial - Jury returned verdict in favor of Plaintiffs
Attorney(s): Michelle D. Johnson
In this subrogation action, S&D successfully obtained a jury verdict in favor of ACUITY and ACUITY’s insureds. The case involved a gas fireplace that was installed at the insureds’ home. An employee of The Fire Place, Ltd. positioned the logs improperly within the fireplace, choking off the air supply to the gas and causing the fireplace to emit a sooty substance that covered the interior of the insureds’ home. The soot damaged many items inside the home. S&D filed suit to recover the amounts ACUITY paid to its insureds for damaged items in the home and to obtain additional compensation for the insureds. The case resulted in a three day trial with the jury rendering a verdict in favor of the plaintiffs for the total amount requested.
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Stiff v. Kwiecinski
Decision Date: 9/15/06
Case No. 05 CV 8450
State of Wisconsin/Circuit Court/Milwaukee County
Summary Judgment dismissing lawsuit based upon statute of repose
Attorney(s): Thomas J. Binder
The plaintiff was injured while visiting the residence of the insured. She walked up the cement stoop at the side entrance to the insured’s house. The cement stoop did not have a railing around it. Plaintiff stepped back off the stoop, which caused her to fall down several feet. She sustained a serious injury to her leg, which required 11 surgeries and more than $225,000 in medical bills. S&D contended that the cement stoop existed as originally constructed more than 10 years prior to the accident, and the statute of repose barred claims against the insured. The trial court agreed, granting summary judgment and dismissing the lawsuit.
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Klinger v. Ward
Decision Date: 5/31/06
Case No. 04 CV 2819
State of Wisconsin/Circuit Court/Waukesha County
Jury Trial - Court dismissed plaintiff’s claims at close of plaintiff’s case
Attorney(s): Michelle D. Johnson
S&D successfully defended a driver alleged to have struck a pedestrian on a rural highway. The plaintiff claimed he suffered pain in his left knee, upper back, and the back of his head as a result of the accident. He sustained numerous abrasions and two fractures in the area of his left knee. The case was tried to a jury on May 30, 2006. After the plaintiff rested, the defense made a motion to dismiss. The court granted the motion on May 31, 2006 finding the plaintiff had not presented any evidence of negligence on the part of the defendant.
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