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Home / Government / Court upholds $39M verdict in O’Donnell Park parking garage death

Court upholds $39M verdict in O’Donnell Park parking garage death

The O'Donnell Park parking garage in Milwaukee has been closed since June 24, when a portion of a concrete facade fell, killing Jared Kellner. Kellner's family filed a wrongful death lawsuit Wednesday. (File photo by Kevin Harnack)

A panel of the O’Donnell Park parking garage in Milwaukee fell in 2010, killing Jared Kellner. On Tuesday, the Wisconsin Court of Appeals upheld a $39 million jury verdict against the builder. (File photo by Kevin Harnack)

MADISON, Wis. (AP) — The Wisconsin Court of Appeals has upheld a $39 million jury verdict against the builder of a Milwaukee parking garage where a 15-year-old boy was killed in 2010 when a concrete slab fell.

But the court said Tuesday that Liberty Insurance is not responsible for the full amount levied against Advance Cast Stone. A lower court had said Liberty “breached its duty” to defend ACS and needed to pay the full award.

The appeals court disagreed and said the insurer is responsible only for the limit in ACS’s policy, which was $10 million at the time.

A 13-ton panel that fell in a city-owned parking garage killed Jared Kellner and injured two other people. Jurors awarded compensatory and punitive damages to Kellner, the people injured, and Milwaukee County.

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