Slip and Fall – Time-barred

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WI Court of Appeals – District I

Case Name: Dennis S. Lendowski v. Tippecanoe, LLC

Case No.: 2021AP001536

Officials: White, C.J., Donald, P.J., and Dugan, J.

Focus: Slip and Fall – Time-barred

Dennis S. Lendowski was walking to a relative’s house when he slipped and fell on a patch of ice on a public sidewalk abutting a building located at 3946 South Howell Avenue in Milwaukee. Tippecanoe owned the Howell Avenue building and leased it to Milwaukee Aquatics. At the time of the accident, Tippecanoe contracted out snow removal services to Sidello. Dennis and his wife, Luz (collectively the Lendowskis), appeal a grant of summary judgment in favor of Tippecanoe, LLC, Milwaukee Aquatics, Frankenmuth Mutual Insurance Company, Ohio Security Insurance Company, Sidello Property, LLC, and Cincinnati Insurance Company.

Pursuant to WIS. STAT. § 893.89 (2021-22), the appeals court concludes that the Lendowskis’ claims are time-barred against all of the parties except for Sidello and its insurer, Cincinnati Insurance Company, and affirms that portion of the summary judgment order. With regard to Sidello and its insurer, the appeals court concludes that summary judgment was appropriate on all of the Lendowskis’ claims, except for the negligence claim.

Reversed in part, and affirmed in part, and remanded,

Decided 09/06/23

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