Insurance Claim – Negligence

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WI Court of Appeals – District III

Case Name: Jamie Hielkema v. Forrest Construction, Inc., et al.

Case No.: 2016AP1300

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

Focus: Insurance Claim – Negligence

Jamie Hielkema was injured when she fell from a second-story doorway. She brought, via a direct action, common law negligence and negligence per se claims, as well as a claim for an “enhanced injury “against Secura Insurance, A Mutual Company (Secura). Hielkema’s enhanced injury and negligence per se claims were dismissed on summary judgment. After a jury found Hielkema was more causally negligent than Secura’s insured, the circuit court dismissed Hielkema’s common law negligence claim against Secura. Hielkema appeals.

On appeal, Hielkema contends the circuit court erred by dismissing on summary judgment her claims for an enhanced injury and negligence per se. Hielkema also seeks a new jury trial on her general negligence claim arguing the circuit court erred by failing to dismiss a biased juror and by allowing the admission of “speculative intoxication evidence.” We disagree and affirm the judgment.

Secura cross-appeals, arguing the circuit court erred by denying its motion for summary judgment as to Hielkema’s general negligence claim. Because we affirm the judgment in Secura’s favor, Secura’s cross-appeal is moot.

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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.