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Case of the Month August 2024

Parties Reach $15K Setttlement Following Delivery Truck Collision with Forklift

Erie Insurance Company v. Roundy's Supermarkets Inc.

Case Type:
Insurance - Subrogation
Labor & Employment - Work Place Injury
Labor & Employment - Workers Compensation
Construction & Industrial Accidents - Equipment
Negligent Hiring & Supervision - Negligent Supervision
Negligence-Other

Specific Liability:
Insurer asserted a subrogation claim against company when its employee struck the insured's delivery truck with a forklift, resulting in the insurer paying workers compensation benefits

General Injury:
Monetary Damages

Jurisdiction:
State: Wisconsin
Circuit Court of Wisconsin, Third Judicial District, Waukesha County.

Related Court Documents:
Plaintiff's first amended complaint: 2023 WL 10479274
Stipulation for court approval of distribution of third party settlement proceeds: 2024 WL 1234773
Order for court approval of distribution of third party settlement proceeds and dismissal of action: 2024 WL 1258311

Case Name:
Erie Ins. Co. v. Roundy's Supermarkets Inc.

Docket/File Number:
2023-CV-000982

Result Amount:
$15,000

Result Date:
January 24, 2024

Judge:
Michael P. Maxwell

Attorneys:
Plaintiff: Michael J. Scola, Grotefeld, Hoffmann, Gordon, Ochoa & Evinger LLP, Geneva, IL
Defendant: Andrea P. Goode, Borgelt, Powell, Peterson & Frauen SC, Milwaukee, WI

Result Type:
Settlement

Experts:
Plaintiff: Not Reported
Defendant: Not Reported

Breakdown of Award:
$15,000 to plaintiff for damages

Summary of Facts:
Joe Day was reportedly operating a delivery truck within the course and scope of his employment with Jennaro Brothers LLC, a produce wholesaler. When Day was making deliveries to a distribution center owned and/or operated by defendant Roundy's Supermarkets Inc., the delivery truck that he was driving was allegedly struck by forklift operated by an employee of the defendant.

Day reportedly suffered personal injuries due to the collision.

Plaintiff Erie Insurance Company contended that at the time of the accident, it insured Jennaro Brothers, and pursuant to its insurance policy, paid workers compensation benefits in excess of $22,854 for injuries suffered by Day.

In a first amended complaint, the plaintiff, as Jennaro Brothers' subrogee, asserted that the defendant had an obligation for its employees to exercise reasonable care in operating forklifts and/or heavy machinery when they unloaded the Jennaro Brothers' truck in order to protect Day and/or other Jennaro Brothers' employees.

The plaintiff contended that the defendant's employees' negligence caused the accident due to their operating forklifts and/or heavy machinery in unsafe manners and failing to timely apply the forklifts' and/or heavy machinery's brakes in order to avoid impacts. The plaintiff further asserted that the defendant failed to properly train and supervise its employees in operating forklifts and/or heavy machinery.

The plaintiff sought damages of approximately $22,854 for sums it paid to and/or on behalf of Day for his workers compensation claims, together with costs.

The parties agreed to resolve the plaintiff's claims arising from Day's personal injuries caused by the accident for $15,000, and sought court approval of the settlement.

The court approved the settlement terms.

Circuit Court of Wisconsin, Third Judicial District, Waukesha County.

Westlaw Citation:
2024 WL 1549684