98-2557 Barry v. Employers Mutual Casualty Co.

By: dmc-admin//July 16, 2001//

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“Barry argues that there is no difference between a step that is unsafe because it lacks a non-slip surface and a step that is unsafe because it has a loose nosing. A stairway that is constructed without a regulation non-slip surface is properly characterized as a defect in the stairway’s design. The same cannot be said for a loose nosing strip that was placed on a stairway sometime after its original construction. There may be a factual dispute about whether the nosings became loose due to improper installation (by the subcontractor) or improper maintenance (by the property owner), but that factual dispute does not affect the legal classification of the defect for purposes of determining whether notice is required.”

Reversed and remanded.

Sykes, J.

Attorneys:

For Appellant: Michael I. Tarnoff, Frank T. Crivello II, Milwaukee

For Respondent: Peter F. Mullaney, Milwaukee

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