By Joe Lanane and Jack Zemlicka
Wisconsin Law Journal
A wrongful death lawsuit was filed Wednesday stemming from a June 24 incident at the Milwaukee County-owned O’Donnell Park parking garage in which a concrete panel collapsed, killing 15-year-old Jared Kellner and injuring two others.
The victim’s mother, Dawn Kellner, filed the wrongful death and personal injury claim, which lists several plaintiffs.
The list includes Advance Cast Stone Co., Random Lake; J.H. Findorff and Son Inc., Madison; C.D. Smith Construction Inc., Fond du Lac; and Dietz Drafting and Design Inc., Burlington. Four unnamed insurance companies were also listed on the suit.
All four construction companies conducted various work on the O’Donnell Park parking structure, according to the suit.
“It’s clear all the defendants had or should have known what was occurring there,” said attorney Bill Cannon, of Cannon & Dunphy, who is representing the family. “I suspect at the end of the day, we will have several defendants point fingers at each other.”
Cannon said his goal is to get to the bottom of what happened and expects the defendants will deny their culpability.
“That’s standard operating procedure,” he said. “But now we have the subpoena powers to obtain their documents and subpoena powers to take depositions of key people at each of the companies and get to the bottom of what happened.”
The case was filed in Milwaukee County Circuit Court and has been assigned to Judge Thomas Cooper.