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Case of the Month August 2021

Construction Fall Settles for $700K

Roman-Pacheco v. Keystone Riverview LLC

Case Type:
Negligence - Work Accidents
Negligence - Construction

Specific Liability:
Failure to warn contractors about a hazard

General Injury:
Fracture of One Ankle; Fibula/Tibia Fracture

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

Related Court Documents:
Plaintiff's complaint: 2019 WL 12382716
Order approving distribution of third-party settlement: 2020 WL 10064749

Case Name:
Roman-Pacheco v. Keystone Riverview, LLC; Cincinnati Insurance Company; Winslow Bay Carpentry, LLC; Rockford Mutual Insurance Co.

Docket/File Number:
2018-CV-006141

Result Amount:
$700,000

Result Date:
March 16, 2020

Judge:
David Swanson

Attorneys:
Plaintiff: Steven G. Kmiec, Kmiec Law Offices S.C., Milwaukee, WI
Defendant: Michael S. Murray, Kasdorf, Lewis & Swietlik S.C., Milwaukee, WI
Defendant: Todd D. Jex, Crivello Carlson S.C., Milwaukee, WI

Result Type:
Settlement

Experts:
Plaintiff: Not Reported
Defendant: Not Reported

Breakdown of Award:
Total Compensatory Award: $700,000

Summary of Facts:
Jose Roman-Pacheco, an adult male, claimed he suffered a fractured left tibia-fibula, a displaced bimalleolar left ankle fracture and a non-displaced proximal left fibular neck fracture, resulting in the need for surgeries and an infection following one of the surgeries, when he fell through a piece of plywood that had been placed over a stairwell opening to a basement to contain heat in the basement while he was performing electrical work on a home building project where defendant Keystone Riverview LLC, insured by defendant Cincinnati Insurance Company, was the general contractor, and defendant Winslow Bay Carpentry LLC, insured by defendant Rockford Mutual Insurance Co., was acting as a subcontractor. The plaintiff contended that defendant Winslow Bay failed to properly install the temporary floor with the necessary support, which created an unreasonable risk of injury. He also alleged that defendant Keystone Riverview LLC failed to properly inspect the worksite and failed to warn contractors about the hazard. The plaintiff's spouse made a claim for loss of consortium and received $150,000 from the settlement.

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

Westlaw Citation:
2020 WL 10224591