By Kevin Boneske
Staff Writer
ASHWAUBENON – After meeting in closed session last month, the village board approved a settlement involving a Clintonville woman who was injured Oct. 16, 2016, when she was walking along Holmgren Way and stepped into a hole and fell.
The Habush Habush & Rottier law firm filed suit on behalf of Deborah Berndt against the Village of Ashwaubenon and Wisconsin Public Service Corporation, alleging negligence.
There was a large opening where a lid/cover was not placed over a hole/water main with the village authorizing WPS to perform work on the sidewalk in the area where the opening was cut, the suit states.
The suit alleged the village and WPS were negligent in one or more of the following ways for:
• Failure to safely and properly design, construct, repair, and oversee and inspect the design, construction, maintenance and repairs to the sidewalk.
• Failure to safely and properly cover holes/water mains.
• Failure to warn of this unsafe and hazardous condition.
• Failure to comply with the mutual duties they had of completion, inspection and following applicable standards, conditions or codes, as well as standards of reasonable conduct for the safety of others under the circumstances.
• Being otherwise negligent.
As a result of the negligence, the suit states Berndt sustained multiple injuries, suffered great pain of body and mind, incurred hospital and medical expenses, lost wages and other damages.
The suit further states Berndt’s injuries are permanent, causing her to suffer pain and disability in the future, incur future medical expenses and sustain a future loss of earning capacity.
Prior to the board vote to approve a settlement, court records note a letter was sent last December to Brown County Circuit Judge Donald Zuidmulder advising him the case was settled in mediation.
Village Attorney Tony Wachewicz released a copy of the settlement agreement in response to an open records request from The Press Times.
Under the terms of the settlement, the Village of Ashwaubenon, through its insurer, the League of Wisconsin Municipalities Mutual Insurance, agreed to pay Berndt $30,000 as set forth in the mediation settlement agreement, which also calls for WPS to pay $5,000.
In addition, the village through its insurer also agreed to pay a third of the mediation costs and expenses.
The agreement states it is a “compromise settlement of a disputed claim and shall not be construed to be an admission of any liability, fault, or obligation whatsoever by any party or to any other person or entity.”
Wachewicz said the settlement agreement – signed by Berndt, her attorney and Village Manager Allison Swanson – has yet to be approved in court and is not final until then.