By: WISCONSIN LAW JOURNAL STAFF//January 9, 2023//
WI Court of Appeals – District I
Case Name: Bridgett Larkins v. Diane Building Corporation
Case No.: 2021AP000349
Officials: Donald, P.J., Dugan and White, JJ.
Focus: Negligence – Safe Place Statute
Bridgett and Jerome Larkins appeal from the circuit court’s grant of summary judgment in favor of Diane Building Corporation (DBC) and dismissing the Larkins’ complaint alleging negligence and a violation of Wisconsin’s Safe Place Statute, WIS. STAT. § 101.11 (2019-20). Bridgett tripped and fell on a set of stairs located on a property owned by DBC and leased to the United States Postal Service (USPS) to operate as a post office. On appeal, the Larkins raise several arguments asserting that the circuit court erroneously granted summary judgment in favor of DBC. The court concludes that the Larkins forfeited any argument premised on the circuit court addressing DBC’s motion for summary judgment prior to addressing DBC’s motion to strike the Larkins’ expert’s opinions. The court also rejects the Larkins’ contention that Larkins’ expert’s opinion creates a genuine issue of material fact
Affirmed.
Decided 01/04/23