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Case of the Month September 2022

Plaintiff Recovers $50K Settlement Following Slip, Fall on Steps Outside Apartment Complex in Madison

Cain v. Ron Enterprises Wisconsin L.L.C.

Case Type:
Premises Liability - Slip/Trip & Fall
Premises Liability - Stairs
Premises Liability - Paved Surface/Curb
Premises Liability - Slippery Surface
Premises Liability - Negligent Repair/Maintenance

Specific Liability:
A resident of an apartment complex asserted that she suffered personal injuries when slipped and fell on steps that were covered with leaves and debris near the apartment's exit

General Injury:
Fractured left tibia and fractured left fibula; medical expenses; lost wages; loss of earning capacity

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

Related Court Documents:
Plaintiff's complaint: 2019 WL 13100397
Order for approval of settlement distribution and dismissal: 2021 WL 5505612

Case Name:
Renee J. Cain v. Ron Enterprises Wisconsin L.L.C. and Auto-Owners Insurance Company

Docket/File Number:
2019-CV-003033

Result Amount:
$50,000

Result Date:
March 30, 2021

Judge:
Stephen E. Ehlke

Attorneys:
Plaintiff (Cain): Danielle M. Schroder, Hawks Quindel S.C., Madison, WI; Jakob E. Feltham, Hawks Quindel S.C., Madison, WI
Plaintiff (XL Specialty Insurance): Charles W. Kramer, Hennessy & Roach P.C., Milwaukee, WI
Plaintiff (IU Health Plans): Rick J. Mundt, Winner Law Firm L.L.C., Madison, WI
Defendants: James C. Ratzel, Ratzel, Pytlik & Pezze L.L.C., Brookfield, WI

Result Type:
Settlement

Experts:
Plaintiff: Not Reported
Defendant: Not Reported

Breakdown of Award:
$18,587.12 to plaintiff for payment of attorney fees and costs
$2,100.00 to plaintiff for payment to IU Health Plans for payment of medical expenses
$14,656.44 to plaintiff for damages
$14,656.44 to plaintiff for payment to XL Specialty Insurance Company in satisfaction of a workers compensation lien

Summary of Facts:
Renee Cain, a resident of Indianapolis, Ind., was reportedly employed as a traveling nurse for Medical Solutions L.L.C. Cain said that Medical Solutions L.L.C. had assigned her to work at UW Health in Madison, Wis., where she had in turn been assigned to stay at the Countryside Corporate Apartments, an apartment complex located in Coventry Trail in Madison, Wis.

Cain said that as she was exiting her apartment at the apartment complex for work at approximately 6:10 p.m. on the evening of Oct. 10, 2017, the steps outside the apartment door were covered with leaves, pine needles and other debris, and the area around the steps was dark and poorly lit.

Cain said that as she stepped down, she slipped and fell on the steps.

Cain said that she suffered personal injuries due to the incident, which included severe injuries to her left leg. Specifically, Cain said that she suffered a fractured left tibia and a fractured left fibula, which required her to undergo surgery to repair.

Cain filed a lawsuit against the reported owner and/or operator of the apartment complex, Ron Enterprises Wisconsin L.L.C., doing business as Countryside Corporate Apartments, and its reported insurance provider, Auto-Owners Insurance Company. In her complaint filed in November 2019, the plaintiff asserted that Ron Enterprises' negligence had caused her accident and resulting injuries and damages.

Specifically, the plaintiff argued that Ron Enterprises had failed to properly inspect and maintain its apartment complex premises by failing to clear the leaves, pine needles and debris from the apartment exit and failing to ensure adequate lighting in the area so as not to pose an unreasonable risk of harm to individuals entering and exiting its premises.

The plaintiff also contended that Ron Enterprises had generally failed to maintain its apartment complex's entrance and exit in safe conditions and failed to warn individuals of the unsafe conditions on its premises.

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

According to court documents, the parties were able to reach a settlement agreement in the matter, in which the defendants agreed to pay Cain, as well as involuntary plaintiffs XL Specialty Insurance Company and IU Health Plans, the sum of $50,000 in order to settle the claims asserted against them.

In an order for approval of settlement, distribution and dismissal signed March 30, 2021, the court approved the parties' settlement agreement and ordered that the plaintiff's claims against the defendants would be dismissed with prejudice.

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

Westlaw Citation:
2021 WL 6423453