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Insurance – Negligence

By: Derek Hawkins//January 6, 2016//

Insurance – Negligence

By: Derek Hawkins//January 6, 2016//

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WI Court of Appeals – District III

Case Name: Theresa M. Johnson v. Hello the House, LLC

Case No.: 2015AP543

Officials: Stark, P.J., Hruz and Seidl, JJ.

Practice Area: Insurance – Negligence

Theresa Johnson and her husband, Steven Johnson, sued Jonathan and Kathleen Picard and their insurer, American Family Mutual Insurance Company, as a result of Theresa’s slip and fall on an icy sidewalk in front of a building owned by the Picards. The circuit court dismissed the Johnsons’ claims on summary judgment, concluding the Picards had no duty to Theresa because the ice accumulation on which she slipped was natural, as opposed to artificial. We agree with that conclusion. We also agree with the Picards that, even if the accumulation of ice was artificial, the Johnsons’ claims are barred by WIS. STAT. § 893.89, the ten-year statute of repose for claims alleging injuries resulting from improvements to real property. We therefore affirm.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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