Milwaukee County committee green lights legal contract in O’Donnell Park suit

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The Milwaukee County Board of Supervisors is scheduled to vote Feb. 2 on a potential $50,000 contract with a law firm to prosecute the county’s claims against two companies involved in construction and maintenance of the O’Donnell Park parking garage.

A concrete panel fell off the facing of the garage June 24, 2010, killing 15-year-old Jared Kellner and injuring two others.

Kellner’s family, along with East Troy mother and son Amy and Eric Wosinski, who were injured in the incident, and Amy’s husband, Steven Wosinski, originally filed suit Jan. 19, 2011, against four construction companies and their insurance companies and added Milwaukee County as a defendant in August.

The four companies targeted in the suit are Advance Cast Stone Co., Random Lake; J.H. Findorff & Son Inc., Madison; C.D. Smith Construction Inc., Fond du Lac; and Dietz Drafting & Design Inc., Burlington.

Milwaukee County filed counter claims Jan. 5 against Advance Cast Stone and C.D. Smith seeking unspecified damages for alleged deficient construction and maintenance of the parking garage.

On Thursday, the board’s six-member Committee on Judiciary, Safety and General Service unanimously approved a resolution crafted by Mark Grady, the county’s corporation counsel, to hire Milwaukee-based law firm Whyte Hirschboek Dudek SC to assist with the county’s counter claims.

Whyte Hirschboek is already defending Milwaukee County in the consolidated lawsuit filed by the Kellner and Wosinski families.

In a letter sent to County Board Chairman Lee Holloway, Grady said Whyte Hirschboek is “uniquely qualified to represent Milwaukee County for its claims against others for potential recovery of repair costs and lost revenue.” Grady declined to comment further.

According to the resolution, which the full county board will take up at its Feb. 2 meeting, the county would pay attorneys a rate of not more than $220 per hour, not to exceed $50,000 total.

Read more on O’Donnell Park

• O’Donnell Park debate raises legal questions
• Former sergeant loses appeal in O’Donnell Park case
• Contractor’s insurers argue against coverage in O’Donnell case
• Construction co. found negligent in O’Donnell Park facade failure
• Deliberations continue in O’Donnell lawsuit
• Attorneys seek millions as O’Donnell lawsuit draws to a close
• Attorneys center blame on contractor in O’Donnell Park trial (UPDATE)
• Trial in fatal parking structure failure begins
• Milwaukee County preparing possible O’Donnell lawsuits
• Trial date set in O’Donnell Park lawsuit (UPDATE)