MONROE — After failed attempts to get it dismissed, a lawsuit against the City of Monroe is headed for a three-day jury trial in February.
Gregory Knoke, a local attorney for over four decades, claims he slipped and fell on a city curb while getting out his car in front of his law offices at 1904 10th St. on Jan. 12, 2017, and the City of Monroe either knew about the accumulated layers of ice and dangerous conditions on the street and did nothing to address it or did not conduct proper inspections to identify the problem.
According to his lawsuit against the City of Monroe, Knoke broke his hip in the fall, requiring expensive hospitalization and rehabilitative care in a nursing home, during which time he was unable to work. He is suing for damages for himself and his wife, Julie, related to the impact the injury had on their lives.
The City of Monroe, by its attorney Kyle Engelke of Stafford Rosenbaum LLP of Madison, argued in briefs filed earlier this year that state laws protect municipalities in cases such as this.
One statute gives a three-week grace period to municipalities, specifying that “no action may be maintained against a city, village, town or county to recover damages for injuries sustained by reason of an accumulation of snow or ice upon any bridge or highway unless the accumulation existed for three weeks.”
Engelke also argued the City of Monroe had a right to exercise discretion in creating and following a policy for clearing snow and ice.
Stephen Ehlke, the Dane County judge assigned to the case, disagreed.
On Sept. 24, he ruled in favor of the Knokes, effectively allowing the case to move forward to trial.
“I found the arguments on both sides to be interesting arguments, but ultimately, I agree with the plaintiff that the City is not entitled to immunity,” Ehlke said.
“In this case, I’ve already ruled that a material issue of fact exists whether the snow and ice Mr. Knoke slipped on had existed for three weeks. ... I think it is a reasonable reading of the statute to find that once the three-week period has passed, a city, village, town or county may then be held liable for injuries caused by accumulations of snow and ice,” he said.
Affidavits filed in support of the City of Monroe in April and May reveal how treacherous weather conditions were on the day of Knoke’s fall.
Monroe Police Officer Corey Mills was a first responder to the call for an ambulance for Knoke that morning. He reported in his affidavit that streets throughout the city that day were covered in ice from freezing drizzle and rain and he recalled City of Monroe trucks being used to salt the roads.
Cindy Rupnow, administrative assistant for the School District of Monroe, reported in her affidavit that the district closed schools and released students early due to freezing rain in the two days before Knoke fell.
In another affidavit, Director of Public Works Alan Gerber reported that prior to Knoke’s fall, he was “aware of no complaint to the City of Monroe regarding the condition of the street and/or gutter area at the location of the plaintiff’s fall.”
Knoke was wearing rubber galoshes over his dress shoes on the morning he fell and was the only witness to the fall, according to deposition documents.
Selection of a 12-member jury is scheduled for Feb. 24, with the following three days reserved for trial.