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Case of the Month July 2024

Parties Reach $45K Setttlement Following Plaintiff's Slip, Fall on Ice at Bank Entrance in Glendale

Surges v. National Union Fire Ins. Co. of Pittsburgh, Pa.

Case Type:
Premises Liability - Slip/Trip & Fall
Premises Liability - Retail & Other Business Properties
Premises Liability - Slippery Surface
Premises Liability - Negligent Repair/Maintenance

Specific Liability:
Individual slipped and fell on ice accumulated at bank's entrance

General Injury:
Right wrist fracture

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

Related Court Documents:
Plaintiffs' complaint: 2023 WL 9743550
Order for approval of distribution of third party proceeds and stipulation for dismissal: 2023 WL 9749686

Case Name:
Surges et al. v. National Union Fire Ins. Co. of Pittsburgh, Pa.

Docket/File Number:
2022-CV-005198

Result Amount:
$45,000

Result Date:
June 12, 2023

Judge:
Frederick C. Rosa

Attorneys:
Plaintiff: Edward E. Robinson, Cannon & Dunphy SC, Brookfield, WI; Jay McDivitt, Cannon & Dunphy SC, Milwaukee, WI
Defendants: Jessica Mullen, Lewis Brisbois Bisgaard & Smith LLP, Highland, IN; Timothy J. Young, Lewis Brisbois Bisgaard & Smith LLP, Chicago, IL; Ruth E. Goldwater McCoy, Lewis Brisbois Bisgaard & Smith LLP, Chicago, IL

Result Type:
Settlement

Experts:
Plaintiff: Not Reported
Defendant: Not Reported

Breakdown of Award:
$45,000 to plaintiffs for damages

Summary of Facts:
Plaintiff Kathryn Surges reportedly drove to a bank and/or financial institution owned and/or operated by defendant JP Morgan Chase Bank, National Association, and insured by defendant National Union Fire Insurance Company of Pittsburgh, Pa. to deposit cash for her employer.

The plaintiff said that as she was walking toward the bank's entrance, she slipped and fell on a patch of ice.

The plaintiff said she suffered personal injuries due to her slip and fall accident, which included a right wrist fracture.

The plaintiff contended that at the time of her accident, defendants CBRE Inc. and Ferrandino & Son Inc. provided property management services for the bank and were allegedly responsible for maintaining the property and/or removing ice and snow from the bank's entrance.

In a complaint, plaintiff Kathryn Surges and her husband, plaintiff Todd Sturges, named JP Morgan, National Union Fire Insurance, Ferrandino & Son Inc. and CBRE Inc., as well as CBRE Inc.'s reported insurance provider, Zurich American Insurance Company, as defendants in the lawsuit. The plaintiffs asserted that JP Morgan's, Ferrandino & Son Inc.'s and CBRE Inc.'s negligence caused her accident and resulting injuries and damages.

Specifically, the plaintiffs contended that the defendants failed to timely and/or adequately remove, shovel and/or scrape ice accumulation from the bank's entrance and/or parking lot, failed to timely apply adequate amounts of salt and/or de-icing agent to remove ice and generally failed to take adequate safety measures to render the premises safe and/or free from danger.

The plaintiffs also contended that the defendants' failure to maintain the safety of the premises violated the Wisconsin Safe Place Statute, Wis. Stat. Section 101.11.

The plaintiffs sought damages for Kathryn's personal injuries, medical expenses, pain and suffering and disability and loss of enjoyment of life. The plaintiffs also sought damages for Todd's loss of consortium due to Kathryn's injuries and damages.

The parties agreed to resolve the plaintiffs' claims arising from the accident for $45,000, and sought court approval of the settlement.

The court approved the settlement terms.

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

Westlaw Citation:
2023 WL 11015517