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News from Around the State: Trials and Verdicts Winter 2025
The WDC regularly publishes notable trial verdict results in the Wisconsin Civil Trial Journal and on its website. If you or someone you know has had a civil trial recently, we would like to include information about the results in our next issue. We are looking for all results, good or bad. Submissions can be published anonymously upon request. Please submit your trial results directly to the WDC Journal Editor, Attorney Vincent Scipior, at [email protected]. Please include the following information:
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Shelia Martin, et al. v. American Family Mutual Insurance Company, S.I., et al. Milwaukee County Case No. 23-CV-7590 Trial Date: October 20, 2025 Facts: This case arises from a 2020 slip-and-fall incident at a McDonald’s restaurant in Greenfield, Wisconsin. The plaintiff, Ms. Martin, allegedly fell in the vestibule area of the store. Surveillance footage showed Ms. Martin and her daughter entering and exiting the vestibule multiple times prior to the incident, raising questions about whether the fall was intentional. It was a rainy day, and wet footprints were visible in the vestibule. As a result of the alleged fall, the plaintiff claimed soft tissue injuries to her back, knee, and head. Issues for Trial: Liability, causation, and damaged were contested. Plaintiff’s witnesses included the McDonald’s manager, the plaintiff’s daughter, and the plaintiff herself. The parties stipulated to treatment on the date of loss and three follow-up visits; therefore, no experts were called to authenticate medical records. However, the causal relationship between the plaintiff’s claimed medical expenses and the incident remained disputed. The McDonald’s manager testified that the store adhered to its unwritten procedure for maintaining the floors throughout the day and appropriately used caution signage. In contrast, the plaintiff and her daughter testified that the plaintiff slipped on a wet floor and that no caution signage was present in the vestibule. During cross-examination, several inconsistencies in the plaintiff’s account were identified. The defense did not call any witnesses. At Trial: In closing arguments, plaintiff’s counsel argued that the jury should award $11,000 for past medical expenses and $10,000-$20,000 for past pain and suffering. Defense counsel suggested the Plaintiff should be awarded zero damages. After approximately 1.5 hours of deliberation, the jury awarded $5,701 for past medical expenses and $0 for past pain and suffering, indicating they did not accept the plaintiff’s injury claims. The jury apportioned liability equally, finding each party 50% at fault. Plaintiff’s Final Pre-Trial Demand: $12,500 Defendant’s Final Pre-Trial Offer: $1,000 Verdict: $2,850 (After applying comparative fault) For more information, contact Alex H. Koritzinsky at [email protected] ______________________________________________________________________________
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