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:nuts:http://www.chicagotribune.com/news/local/chi-ap-wi-surprisevisit-law,1,4921429.story?coll=chi-news-hed
Surprise visit ends with lawsuit between daughter, mother
By RYAN J. FOLEY
Associated Press Writer
July 12, 2006, 5:17 PM CDT
MADISON, Wis. -- Happy birthday, Mom. I'll see you in court.
An Illinois woman is suing her Wisconsin parents for negligence, claiming a surprise birthday visit to her mother in January 2005 left the woman with a broken ankle after a fall on her parents' icy driveway.
A federal judge has refused to throw out the lawsuit, setting up a potential mother-daughter courtroom showdown at a trial scheduled for November.
The daughter, Carriel Louah, 25, is brandishing an apology letter from her mom as the smoking gun in her lawsuit seeking damages for medical bills and lost wages.
In the letter, dated months after the fall, Wendi Reichling wrote that she and her husband "should have fixed that dang (gutter) years ago. We have learned we have to take better care of our sidewalks."
On Jan. 14, 2005, Louah, of Rockford, Ill. traveled to Darlington, Wis. to surprise her mother on her birthday, which she was celebrating at a local tavern. Louah spent the night at the home of her mother and stepfather.
The next morning she slipped on their driveway, breaking her left ankle and injuring her foot and leg, according to court records.
She filed suit earlier this year, arguing that her parents should be held liable for damages for maintaining "an unnatural accumulation of ice" on their driveway. She alleges her parents' gutter was defective and they should pay her more than $75,000 in damages.
Her parents responded that she can't prove their driveway was icy at the time or that their drainage system was faulty.
In a ruling on Tuesday, U.S. District Judge John Shabaz refused to dismiss the lawsuit. He said a jury should decide whether "the allegedly defective condition allowed water to accumulate and later freeze on defendants' driveway which caused plaintiff to slip and fall."