Plaintiff Strelow was in attendance at the beer tent of a local festival when in her attempt to catch a Frisbee that was thrown in the crowd, Strelow tripped over what she perceived to be electrical cords on the ground. Strelow failed to prove that the Defendant caused the cords to be placed where she fell, or knew or should have known about the existence of the cords. The Court held that a Defendant owes no duty as a matter of law to warn or protect Plaintiff from an injury when the evidence is … [Read more...]
Archives for October 2015
Pauli v. Safeco Ins. Co. of Am. – The Statute of Repose
Plaintiff Pauli fell when she stepped out of her friend’s residence resulting in a compound fracture to her ankle. Defendant homeowners had an unusual height for their first step, which was protected by the statute of repose but they also failed to maintain proper lighting at the exit. The Statute of Repose, Wis. Stat. § 893.89, does not protect Defendants from liability if Plaintiff's damages resulted from negligent maintenance of the home, which in this case relates to the alleged failure to … [Read more...]
Kelly v. Berg – Emergency Doctrine
Plaintiff sustained multiple bite wounds after intervening in a dog fight between her dog Moosie and the neighbors pit bull Princess. Plaintiff claimed the Emergency Doctrine, which relieves a person from liability, in this instance for contributory negligence, for his or her own action or inaction when faced with an emergency that his or her conduct did not help to create. The court determined that her decision to wait until her dog could no longer yelp indicated that she had time to … [Read more...]