Torts – premises liability – safe place statute

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Wisconsin Court of Appeals

Civil

Torts – premises liability – safe place statute

APPEAL from a judgment and an order of the circuit court for La Crosse County: RAMONA A. GONZALEZ, Judge. Affirmed in part; reversed in part and cause remanded for further proceedings.

This tort case resulted from injuries that James Chartier suffered when he allegedly tripped over a protrusion or elevation differential on a concrete pad. The concrete pad was located next to a building owned by Brian and Barbara Benson, and straddled property owned by the Bensons and property owned by the City of La Crosse. The pad was the foundation that remained after the Bensons hired and directed a construction contractor, Howard Davis, to remove an enclosure that housed an automated teller machine on the side of the Bensons’ building. Davis removed the ATM enclosure approximately six months before Chartier’s fall.

DISTRICT IV; La Crosse County; RAMONA A. GONZALEZ, Blanchard, P.J., Sherman, Kloppenburg, JJ.

2013AP002238 James Chartier v. Brian D. Benson

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