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