Virgil Joiner, et al. v. East Pointe Marketplace Limited Partnership, et al.

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PERSONAL INJURY: ZERO DOLLARS

Injuries claimed: Plaintiff sustained fractures and an ulnar deviation of two fingers on her right hand, requiring surgery and extensive physical therapy. She incurred medical expenses of $19,260.52, and a wage loss of $2,250.40. She suffered a permanent decrease in flexion and extension of one of her fingers on the right hand.

Court: Milwaukee County Circuit Court

Case name: Virgil Joiner, et al. v. East Pointe Marketplace Limited Partnership, et al.

Case number: 08 CV 16230

Judge: Timothy G. Dugan

Verdict & settlement: Jury returned defense verdict

Original amount sought: $135,000

Highest offer: $15,000

Award: Zero dollars

Special damages: East Pointe Market-place Limited Partnership: No negligence. Plaintiff Virgil Joiner: No negligence. Past medical expense, $19,261; Past wage loss, $2,250; Past pain, suffering and disability, $7,500; Future pain, suffering and disability, $7,500

Date of incident: Feb. 9, 2007

Disposition date: Feb. 18, 2010

Original filing date: Nov. 11, 2008

Plaintiffs attorney (firm): Thomas A. Ogorchock, Miller & Ogorchock, SC, Milwaukee

Defendants attorney (firm): Thomas J. Binder, Simpson & Deardorff, SC, Milwaukee

Insurance carrier: ACUITY, A Mutual Insurance Company

Plaintiffs expert witnesses: Norman Buebendorf, M.D., Hand Surgery, Ltd., Milwaukee, WI

Defendants expert witnesses: None

Defense counsel’s summary of the facts: On Feb. 9, 2007, the plaintiff, a social worker, while on her way to work, stopped at the Guaranty Bank located within the East Pointe Marketplace on Ogden Avenue in Milwaukee. She parked her vehicle in the parking lot, went into the bank to do her banking, and tripped and fell after exiting the bank. The plaintiff claims she tripped and fell on a difference in elevation between two sidewalk slabs in front of the bank. She alleged that the owner of East Pointe Marketplace was negligent and violated the safe place statute.

The defendant, East Pointe Marketplace Limited Partnership, denied any liability. The difference in elevation between the two slabs was only three-eighths of an inch, well within the three-quarter inch tolerance utilized as a standard by East Pointe. The defendants argued that the main reason the plaintiff tripped and fell was because she was not watching where she was walking at the time of the accident. No reasonably prudent person would have tripped and fallen on this slight discrepancy in the height of the sidewalk slabs.