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Case of the Month May 2024

Patron Trips Over Forklift and Fractures Patella; Fault Assigned 65% Defendant, 35% Plaintiff

Falk v. Fleet Farm LLC

Case Type:
Premises Liability - Fall; Retail Store

Specific Liability:
Defendant's employee operated a forklift too close to plaintiff while she was looking at items located on a store shelf, thereby causing her to trip and fall over the forklift

General Injury:
Patella Fracture

Jurisdiction:
State: Wisconsin
United States District Court, W.D. Wisconsin.

Related Court Documents:
Plaintiff's complaint: 2022 WL 21756884
Special verdict (liability):: 2023 WL 8112693
Special verdict (damages): 2023 WL 8112689
Judgment 2023 WL 8112690

Case Name:
Falk v. Fleet Farm LLC et al.

Docket/File Number:
3:22CV00535

Result Amount:
$309,637

Result Date:
October 25, 2023

Judge:
William M. Conley

Attorneys:
Plaintiff: Eric J. Ryberg, Habush Habush & Rottier SC, Madison, WI
Plaintiff: Corey G. Lorenz, Habush Habush & Rottier SC, Madison, WI
Defendant: Ashley E. Webber, Crivello, Nichols & Hall SC, Milwaukee, WI
Defendant: Brianna J. Meyer, Crivello, Nichols & Hall SC, Milwaukee, WI
Defendant: Jeffrey T. Nichols, Crivello, Nichols & Hall SC, Milwaukee, WI

Result Type:
Jury Trial

Experts:
Plaintiff: Not Reported
Defendant: Not Reported

Breakdown of Award:
Compensatory Pain & Suffering: $215,000
Compensatory Past Medical: $64,637
Compensatory Future Medical: $30,000
Total Compensatory Award: $309,637
Comparative Negligence Percentage: 35

Summary of Facts:
Plaintiff Elizabeth Faulk, a 54-year-old female, said she was a patron at a retail store owned and/or operated by defendant Fleet Farm LLC and insured by defendant EMC Property and Casualty Company. The plaintiff asserted that an employee of Fleet Farm operated a forklift too close to her while she was looking at items located on a store shelf, thereby causing her to trip and fall over the forklift.

The plaintiff said she suffered personal injuries, which included a nondisplaced patellar fracture of her right knee, due to the accident.

The plaintiff asserted Fleet Farm's employee's negligence caused the accident. The plaintiff argued that because the employee was acting within the course and scope of his employment, Fleet Farm was vicariously liable for his negligence under the doctrine of respondeat superior.

The plaintiff also contended that the defendant's failure to maintain the safety of its premises and failure to adopt and use methods to ensure the safety of its store patrons violated the

Wisconsin Safe Place Statute, Wis. Stat. Section 101.11.

The defendants denied liability and argued that the plaintiff's own negligence caused the accident.

The defendants also disputed the nature and extent of the plaintiff's claimed injuries and damages.

Following a jury trial, jurors awarded the plaintiff $309,637. However, in judgment, the court reduced the plaintiff's award to $201,264 to reflect the plaintiff's 35 percent fault in causing the accident.

United States District Court, W.D. Wisconsin.

Westlaw Citation:
2023 WL 8272820