Aqua Jays' insurance company sued over fall

By MIKE DUPRE' ( Contact )   Friday, May 16, 2008
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— It had to be frightening.

Bradley J. Springbrum of Janesville fell down an elevator shaft in October while carting soda around a warehouse used by Janesville’s Rock Aqua Jays water-ski club as Fright Factory, the club’s fund-raising haunted house.

Springbrum and his wife, Jennifer, have filed suit against General Casualty Insurance Co. of Wisconsin, which covers some of the Aqua Jays’ events.

The lawsuit does not name the Aqua Jays as a defendant, but it does allege negligence on the club’s part.

Lynn Gustafson, attorney for the Aqua Jays, declined comment on the lawsuit Wednesday.

The suit seeks compensatory damages in an amount to be determined, reimbursement of the plaintiffs’ legal costs and fees and for “such other relief as the court deems just and equitable.”

Immediately after the accident, Aqua Jays President Joel Shapiro said Springbrum suffered a dislocated elbow and broken forearm.

On Oct. 13, Springbrum was using a two-wheeled dolly to move soda from one floor of the warehouse to another. The elevator he wanted to use was equipped with a light that only could be turned on from inside the elevator car, according to the suit.

“When Springbrum opened the elevator doors, the elevator cab was not there, but Springbrum could not see that the elevator cab was missing because the immediate and surrounding area was inadequately lit,” the suit alleges.

Unaware the elevator car wasn’t there, Springbrum stepped into what he thought was the car to turn on the light, but he fell down the elevator shaft.

The Aqua Jays leased the warehouse from Hendricks Development Group, according to the suit. The club was negligent by failing to ensure the elevator area was properly lighted and by failing to give Springbrum adequate warning the elevator car was absent, the suit contends.







reader COMMENTS (25)
SarahB
May 17, 2008 at 7:03 p.m.
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Lorne, are you for real?!

upnorthwi
May 17, 2008 at 2:18 p.m.
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And, when I go to new places I don't have a flashlight in my pocket I whip out to see where I'm going. Your comment really angers me!!

upnorthwi
May 17, 2008 at 2:15 p.m.
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lorne, shame on you for judging Brad's character. You obviously don't know him. I've known Brad for 25 years and have never heard a negative thing about him. He's a really nice guy and not the type to "go for the money". He works in the medical field, he may save your life one day if you're lucky!!

ms_sassy_wi
May 16, 2008 at 11:43 p.m.
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this is why we have insurance folks, for unfortunate ACCIDENTS. Anyone who thinks this guy is out to get something he's not entitled to is not thinking clearly. sorry. my opinion.

BeenThereDoneThat
May 16, 2008 at 10:24 p.m.
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I don't know Brad, so I don't have a clue as to where he works and what health insurance he has. However, assuming that he has health insurance and that initial claims for his treatment were submitted to them for payment, it is quite likely that THEY (the health insurer) is requiring that Brad file a lawsuit against the AJ's insurance provider to recoup some of their expenses. I used to work for a law firm...I saw that kind of thing happen a lot. We even had a case once where an insurance company made a son file a lawsuit against his father for a personal injury claim. I can't go into anymore detail than that, but how do you suppose that son felt? Probably no different for Mr. Springbaum if he's been involved with the AJ's for as long as amj80 says. It's all business folks, nothing personal.

bkrkim
May 16, 2008 at 10:11 p.m.
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Sounds to me like something the elevator inspector should look into. These are the kind of things there sopposed to be looking at. I think he's lucky he wasn't more seriously injured, but I would think he might have post tramatic stress disorder now.

dreneb
May 16, 2008 at 9:54 p.m.
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I know Brad, he is a hard working, nice guy. He was volunteer at this place. I move things on a regular basis for, my job. When using a 2 wheeler, generally it is easier to back it onto an elevator. How many people can say they HONESTLY look at an elevator before entering. It is SUPPOSED to be there! When you are hauling some kind of frieght, usually one backs in. Brad lost a LOT of time from work because of his injuries. (and he is not one to miss work) He also has a family to support. Would ANYONE of you NOT want FAIR compensation for your lost wages, and suffering. I do not believe Brad is looking for a FREE ride, he just wants what he lost! There is a difference between those who try to BILK the system, and those who honestly have the right to FAIR compensation! Unfortunatly, there are MANY in our society who are looking for the POT OF GOLD, that they really do not deserve! That makes it worse on anyone who has a REAL issue!

lorne
May 16, 2008 at 3:41 p.m.
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How much of an idiot do you have to be to not bring along a flashlight or look for an additional light source if you are unfamilar with your surroundings? This Springbrum character is looking for free money plain and simple. People don't take blame for their own actions anymore. Whenever I ever moved anything into an elevator I never backed it in, I've always pushed the object into it first. So what is wrong with this guy? Also, if you are unable to see inside the elevator compartment (meaning it was that dark inside the building) how did he find his way to the elevator in the first place without tripping over anything that may lay on the ground in front of him? OPPS I may just gave him another frivolous lawsuit idea!!!

hannah
May 16, 2008 at 1:52 p.m.
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intheloop-why you ask- cause people seem to be SUE happy nowadays- getting something for nothing. good point if the guy just fell cause he tripped on himself and not your sidewalk. But the ins company sue option is there just waiting. maybe thats why some rates are so high for all those people taking advantage of it. I do believe the guy in this article has a great case.The elevator was unsafe and not lit.

lbmam4
May 16, 2008 at 1:41 p.m.
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I am an insurance agent in town and beleive it or not, people can sue you for tripping over your luggage at an airport. As long as you have a good insurance agent and good coverage, you should be okay. There was a claim that came in because an insured's son was at his friends house helping iron on prints for school shirts. He left the iron on the counter to long and it made a VERY small mark on the counter. That homeowner sue our client and the company paid.
I know people say they can be "insurance poor", but beleive you/me when something happens and you have the proper coverage, you will look back and be happy you bumped your liability limits to a million and took out that umbrella policy.

intheloop
May 16, 2008 at 1:13 p.m.
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Jackson1: Why should insurance pay out a guy who was clumsy and tripped/fell on your property. The only reason would be because the sidewalk was not properly maintained. If that is not the case the guy has no right to go after you/your insurance company and can pay his own medical bills.

nowind
May 16, 2008 at 12:57 p.m.
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"May be people should get the whole story before making flip remarks. If you don't know both sides of the story, then don't respond."

This is the comment I was originaly responding to. See my original response.

buckyfan
May 16, 2008 at 12:57 p.m.
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I was in a car accident last July. The insurance company of the driver at fault gave me a lowball offer a week afterwards. I declined that offer because it set a limit for the length and cost of medical care (they offered two months of treatment with a maximum dollar amount). My treatment just ended last month (nine months after the crash), and my child's ended two weeks ago. Because I declined that offer, the adjuster said we would wait until the treatments ended before discussing any further offers. That means my negotiations with the insurance company actually will begin now, nine months after the crash.
---
Insurance adjusters are trained and rewarded for settling accidents for the smallest amount possible. They use emotional appeals and other techniques to try to get you to settle immediately, before the full effect of the injury is known. Then they use those same techniques to try to get you to settle for a smaller-than-fair amount. These folks are seasoned professionals who know what buttons to push to get people to settle.
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Both my child and I will suffer the effects of this car accident for years to come. When I negotiate my settlement, it will include the amount of the current bills, but the figure also has to include an amount that will help cover future care or disability as a result of this crash (arthritis, degeneration, chronic back problems, etc.). Sometimes the only way to get a fair settlement is to sue. I'm starting without a lawyer, hoping I can settle this without a lawsuit. But I'll get a lawyer and let him fight it out if the adjuster isn't willing to negotiate a fair deal.
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I would imagine Mr. Springbrum was in the same position. He isn't after the Aqua-Jays, he's going after the insurance company.

ms_sassy_wi
May 16, 2008 at 12:28 p.m.
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wow...I don't see a bias. a guy was hurt because of a malfunction. he wants to recover from the injury. where is the bias or the misleading information?

by the way, when someone is injured, has an illness, is hospitalized, etc. it takes a few months for the treatments to be completed, for the bills to be received and to make an accounting of the loss. I don't see that the man who was hurt is looking to make money off this injury. It doesn't appear he is seeking punitive damages or has a motive other than to restore his life to a point where it was at the time of the injury. It is justified and I don't see a "slant" indicating anything different from this article.

nowind
May 16, 2008 at 12:14 p.m.
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Then is it best to give 1/2 the story or wait until the whole story is able to be told.
Only giving 1/2 the story looks like the paper has a bias.

amallama
May 16, 2008 at 12:13 p.m.
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WOW, people are testy on this topic. I doubt he's trying to rape the Jays, he has a great case I think... go for it. If you have a building that you are renting out, make sure it is worth the rent $ and it is safe.

ms_sassy_wi
May 16, 2008 at 12:07 p.m.
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why is everything the gazette's fault? they have space limitations, a lawsuit is pending so there are things that, perhaps can be and can't be written about, there was no comment from the attorney...

patience is a virtue. everyone is entitled to their opinion, regardless of whether or not it is in line with yours and freedom of speech is still a right. I bet someday we will all find out the facts, but until then, everyone in gazettextra land will just have to exercise a bit of patience...

nowind
May 16, 2008 at 11:46 a.m.
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Quite often the whole story comes out on these blogs. And they are only drawn out when someone makes an uninformed comment.

The initial "uninformed" information is the limited info the Gazette provides. I guess the Cost of the electons to put out the entire story is to much for the Gazette.

JN0503
May 16, 2008 at 11:35 a.m.
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May be people should get the whole story before making flip remarks. If you don't know both sides of the story, then don't respond.

hannah
May 16, 2008 at 11:35 a.m.
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remember he isnt sue the aqua jays personally. He is suing the ins company.

mousemarie
May 16, 2008 at 11:25 a.m.
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Keep your comments to yourself? Isn't that the point to these forums? And why is it wrong of him to believe that there may be a 'moneymaker' issue behind this since it did take so long for him to file?! Keep YOUR comments to yourself.

It would appear you know more about the individuals situation than you're willing to share and that's fine, but that doesn't mean you get to be rude to someone else who expresses their opinion.

amj80
May 16, 2008 at 10:15 a.m.
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Gee, either that or it's just taken a while for this poor guy to make a really tough decision about filing suit against the ski team he has been a member of for over twenty years. Keep your comments to yourself if you don't know what you are talking about.
You can't even imagine the size of the medical bills for an injury like this, even if he does have insurance. That and I'm sure he also had lost wages. It's not like he's going after millions, he just wants to be fairly compensated for his expenses.

badgerboy
May 16, 2008 at 9:33 a.m.
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Injured in mid October, lawsuit filed in mid May. Sounds like a money maker to me.

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