Decision Date: 9/24/07
Pre-suit Settlement
Attorney(s): Ronald W. Harmeyer
S&D represented a general contractor in a construction dispute, involving a condominium project. Several years after the project was complete, it was discovered that a water supply line under the driveway was leaking, causing a sump pump to run perpetually. The plumbing subcontractor who installed the pipe denied the claim, arguing that the pipe failure was caused by unusual soil conditions in the area. This position was supported by the local building inspector. S&D retained an expert who concluded that the failure was caused by poor installation, not by soil conditions. Once the defense was presented with the evidence, it settled the claim for 90% of its value before suit was filed.
Decision Date: 8/07
Pre-suit Settlement
Attorney(s): Ronald W. Harmeyer
In this subrogation case, S&D’s client leased a building to a company which operated a bar and restaurant in the building. The building was destroyed by fire. The facts of this case presented several challenging issues. The lease contained a mutual release which arguably barred any subrogation claim against the lessee. The parties disputed whether the cause of the fire was determinable. Because of the destruction caused by the fire, the cause and origin investigators reached the conclusion that a negligently discarded cigarette was the cause of the fire through a process of eliminating all other possible causes. S&D argued that the mutual release was not enforcable under Wisconsin law. S&D further argued that the lessee had added the lessor as an additional insured on its insurance policy, thus allowing the lessor to assert a first party claim against the defendant insurance company. S&D obtained a large settlement for its clients before suit was filed.
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West Bend Mut. Ins. Co. v. Strauss
Decision Date: 5/29/07
Case No. 07 C 0051
United States District Court for the Eastern District of Wisconsin
Early Settlement obtained for client
Attorney(s): Ronald W. Harmeyer
S&D represented an insurer in a federal court worker’s compensation subrogation claim against the Waukesha School District and Wausau Insurance. S&D’s client insured a business that had entered into an internship agreement with the Waukesha School District. Under the agreement, high school students would work at the business for an agreed-to number of hours per week, and would earn credits towards graduation. In this tragic case, the student was killed while working at the internship. Because he had no spouse or dependants, the worker’s compensation payment was made to the state. S&D was retained to pursue a subrogation claim pursuant to Wis. Stats. § 102.29. S&D’s investigation revealed that the activity being performed by the student at the time of his death (operating a tow truck) violated federal child labor laws. It also was discovered that over several years, several students from the school had performed this prohibited activity and had told the school as much. S&D argued that the school was negligent for sending students to an internship in which the school knew the students would be exposed to dangerous conditions in violation of federal law. S&D aggressively negotiated this case and was able to settle it for a substantial sum before the defendants filed an answer.
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