State of Wisconsin/Circuit Court/Sauk County

In a three-day trial, defense counsel Adam Fitzpatrick secured a unanimous jury verdict in favor of a southern Wisconsin daycare. Plaintiff claimed that an uneven area in the daycare's parking lot was unreasonably dangerous and caused her to fracture her ankle, requiring four prior and one future surgery. Defendants contended the uneven area complied with Wisconsin's Safe Place law and that evidence regarding a future surgery was too speculative. The defense of the case involved pointing to the fact that approximately 200,000 people had encountered the uneven area with only one reported fall or complaint. After a brief deliberation, the jury unanimously found that the future surgery was too speculative and apportioned 50% negligence each to the plaintiff and the daycare. Ultimately, plaintiff walked away with an amount that was about one-fifth of what she had requested from the jury and one-third of her walking away point in settlement negotiations.