In November of 2005, a young man was helping an individual who was repairing his home. He was mounting a ladder when it slipped and he fell to the ground head first.  As a result, he suffered serious brain injury.

He lost much of his memory and thought-processing ability.  Doctors could not promise full recovery. He was unable to work for an extended period and felt pretty hopeless about his future.

The first two attorneys he contacted flatly refused to take the case. They felt it was hopeless because it appeared most difficult to establish liability in the situation.

Charles Hausmann, president of Hausmann-McNally, S.C., felt this man deserved his day in court. Hausmann-McNally agreed to take the case.  The firm’s attorneys and investigators thoroughly examined the circumstances of the incident. The firm located and retained the services of a noted ladder expert, who reported to them that the specific  ladder used was clearly meant to be tied down and braced as outlined by the OSHA instructions. The process to bring the matter to justice included numerous depositions and motions by the defendant’s insurance company to avoid its responsibility for paying the claim. After a complicated series of procedures, the injured man agreed to accept a settlement in the amount of $310,000. He is now taking college-level courses and rebuilding his life after the accident.

The case was settled before it went to trial in Dane County Circuit Court. Attorney William Smoler represented the young man and worked to help assemble the case. Smoler is the head of the Madison office for Hausmann-McNally, S.C.