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Case of the Month September 2017

Jury Awards $1.8M for Scaffolding Collapse

Carnicle v. Kraemer N. Am.

Case Type:
Construction & Industrial Accidents - Fall
Products Liability - Tools/Equipment/Machinery
Negligence-Other

Specific Liability:
Negligent manufactured wall plate caused scaffolding to collapse, injuring workers

General Injury:
Unspecified personal injuries; medical expenses; lost wages

Jurisdiction:
State: Wisconsin
Court: Circuit Court of Wisconsin, Fifth Judicial District, Dane County.

Related Court Documents:
Plaintiffs' amended complaint: 2016 WL 9344971
Verdict form: 2017 WL 3091176

Case Name:
Matthew C. Carnicle, Dennis Carnicle, Lynette Carnicle, and Jacob D. Edmonds, plaintiffs, Zurich American Insurance Company, involuntary plaintiff v. Kraemer North America LLC d/b/a Edward Kraemer & Sons, Inc. and/or Kraemer, Zurich American Insurance Company, Westchester Surplus Lines Insurance Company

Docket/File Number:
2015-CV-002662

Result Amount:
Plaintiffs, $1,801,511

Result Date:
May 23, 2017

Judge:
Richard G. Niess

Attorneys:
Plaintiff: Daniel A. Rottier, Habush Habush & Rottier S.C., Madison, WI
Defendants: Paul J, Pytlik, Ratzel, Pytlik & Pezze L.L.C., Brookfield, WI

Result Type:
Jury

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
Plaintiffs, $1,801,511
$170,776.18 to plaintiff Matthew Carnicle for past medical expenses
$50,000.00 to plaintiff Matthew Carnicle for future medical expenses
$61,377.00 to plaintiff Matthew Carnicle for past loss of earning capacity
$465,000.00 to plaintfif Matthew Carnicle for future loss of earning capacity
$300,000.00 to plaintiff Matthew Carnicle for past pain, suffeirng and disability
$100,000.00 to plaintiff Matthew Carnicle for future pain, suffering and disability
$136,058.74 to plaintiff Dennis Carnicle for past medical expenses
$18,299.00 to plaintiff Dennis Carnicle for past medical expenses
$300,000.00 to plaintiff Dennis Carnicle for future loss of earning capacity
$150,000.00 to plaintiff Dennis Carnicle for past pain, suffering and disability
50,000.00 to plaintiff Dennis Carnicle for future pain, suffering and disability
$15,000.00 to plaintiff Lynette Carniocle for loss of consortium

Summary of Facts:
Matthew Carnicle, Dennis Carnicle and Jacob Edmonds were performing bearing repair work on a railroad bridge 30 feet above the ground for their employer, E80 Plus Contractors, when the scaffolding that was supported by wall plate manufactured by Kraemer North America LLC collapsed, causing them to fall to the ground.

Matthew Carnicle, Dennis Carnicle, his spouse Lynette Carnicle, and Edmonds filed a lawsuit against Kraemer North America LLC d/b/a Edward Kraemer & Sons Inc. and/or Kraemer, Zurich American Insurance Company, and Westchester Surplus Lines Insurance Company. The plaintiffs alleged Kraemer North America was negligent in failing to disclose that the wall plate was not an original manufactured part, and was in an unsuitable condition and unsafe for users. They also contended Kraemer North America was strictly liable. Matthew, Dennis and Edmonds sought compensatory and punitive damages from the defendants for their permanent injuries, medical expenses, wage loss, impairment of future earning capacity, pain, suffering and loss of enjoyment of life.

Edmonds settled his claims for $900,000.

A jury determined Kraemer North America, and E80 were each 50 percent negligent. The remaining plaintiffs were awarded damages in the total amount of $1,801,510.92.

Court: Circuit Court of Wisconsin, Fifth Judicial District, Dane County.

Westlaw Citation:
2017 WL 3176158