Man falls on ice at gas station: Negligent maintenance of premises: Torn rotator cuff: Settlement

Law Reporter, Apr 2004

Johnson v. Speedway SuperAmerica, U.S. Dist. Ct., E.D. Wis., No. 02 C 0519, Oct. 16, 2003.

Johnson, 48, was entering a gas station store when he slipped on ice and fell. Johnson suffered a tear to his left rotator cuff, requiring surgical repair. A carpenter who had earned approximately $45,000 in wages and benefits annually, Johnson missed almost one year of work.

Johnson sued the gas station, alleging negligent maintenance of its premises by failing to inspect or salt the area surrounding the gas pumps. Suit also alleged failure to comply with the state's Safe Place Law, Wis. Stat. § 101.11. Defendants contended that it fulfilled its duty, disputed that plaintiff was injured on its premises, and attributed plaintiff's wage loss to an earlier injury.

The parties settled before trial for a confidential amount.

Plaintiff's experts were David Rudig, civil engineering, Menomonee Falls, Wis.; Daniel Kuemmel, vocational consulting, Racine, Wis.; and Paul Sienkiewicz, orthopedic surgery, Milwaukee, Wis.

Defendant's experts were James Flesch, orthopedic surgery, Milwaukee, Wis.; and Leann Panizich, vocational consulting, Brookfield, Wis.

Plaintiff's Counsel

*Melita M. Biese, Milwaukee, Wis.