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Case of the Month March 2022

Plaintiff Recovers $17K in Negligence Suit Following Trip, Fall on Stairs at Milwaukee Apartment Complex

Massoumi v. Happy Day Carpet Care Inc.

Case Type:
Premises Liability - Slip/Trip & Fall
Premises Liability - Stairs
Premises Liability - Trip Over Object
Premises Liability - Fall from Elevation
Premises Liability - Residential Property

Specific Liability:
An apartment complex resident asserted that he tripped and fell down stairs when employees of a carpet cleaning company moved a water hose while performing cleaning services, resulting in the resident suffering personal injuries

General Injury:
Unspecified personal injuries; medical expenses; lost wages; loss of earning capacity

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

Related Court Documents:
Plaintiff's complaint: 2019 WL 13107146
Parties' stipulation for dismissal and disbursement of third party proceeds: 2020 WL 12739576

Case Name:
Yadollah Massoumi v. Happy Day Carpet Care Inc. and Frankenmuth Mutual Insurance Company

Docket/File Number:
2019-CV-009631

Result Amount:
$17,000

Result Date:
October 19, 2020

Judge:
Laura Gramling Perez

Attorneys:
Plaintiff: Amy M. Freiman, Hills Legal Group Ltd., Waukesha, WI; Arthur M. Sonneland, Hills Legal Group Ltd., Waukesha, WI
Defendants: Clayton L. Riddle, von Briesen & Roper S.C., Milwaukee, WI

Result Type:
Settlement

Experts:
Plaintiff: Not Reported
Defendant: Not Reported

Breakdown of Award:
$6,903.74 to plaintiff for payment of attorney fees and costs
$5,048.13 to plaintiff for damages
$5,048.13 to plaintiff for payment to West Bend Mutual Insurance Company per negotiated settlement

Summary of Facts:
Yadollah Massoumi was reportedly walking down a flight of stairs at an apartment complex located on West Custer Avenue in Milwaukee, Wis. At the same time and place, employees of Happy Day Carpet Care Inc. were also allegedly working near the stairs at the apartment complex.

Massoumi said that he tripped and fell while descending the flight of stairs when Happy Day Carpet Care employees negligently pulled a water hose.

Massoumi said that he suffered personal injuries due to his trip and fall accident.

Massoumi filed a lawsuit against Happy Day Carpet Care and its reported insurance provider, Frankenmuth Mutual Insurance Company. In his complaint filed in December 2019, the plaintiff asserted that Happy Day Carpet Care's negligence had caused his accident and resulting injuries and damages.

The plaintiff sought damages for his personal injuries, medical expenses, physical pain and suffering, physical disability, lost wages, loss of earning capacity and loss of enjoyment of life, together with interest, costs of court and attorney fees in the matter.

According to court documents, the parties were able to reach a settlement agreement, in which the defendants agreed to pay the sum of $17,000 to Massoumi and the involuntary plaintiff that had reportedly paid Massoumi workers compensation benefits, West Bend Mutual Insurance Company, to settle the claims asserted against them.

The parties subsequently filed a stipulation for dismissal and distribution of third party proceeds in October 2020, and sought the court's approval of the stipulation.

According to the electronic court docket, Judge Laura Gramling Perez subsequently signed and filed an order for dismissal and approval of distribution of third party proceeds.

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

Westlaw Citation:
2020 WL 12932997