Vol. 58 No. 11

Trial Magazine

Verdicts & Settlements Premises Liability

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Failure to fix sidewalk drop-off

November 2022

While Jean Kircher, 48, was walking along the edge of a sidewalk, her foot rolled off the edge, causing her to fall. She suffered a fractured wrist that required surgery. Her medical expenses totaled $155,000.

Kircher sued a condominium association, alleging negligence and safe place liability. The plaintiff asserted that the ground beneath the sidewalk washed away and the defendant failed to fill it back in, creating an uneven surface and a drop-off hazard. Suit did not claim lost income.

The parties settled for $302,000.

Citation: Kircher v. Geneva Nat’l Condominium Master Ass’n, Inc., No. 20-CV-0384 (Wis. Cir. Ct. Walworth Cty. Apr. 21, 2022).

Plaintiff counsel: AAJ member Douglas E. Swanson, Waukesha, Wis.