Jury in O'Donnell parking structure case called back to court

MILWAUKEE (WITI) -- The Milwaukee County jury that awarded $39 million in the O'Donnell parking garage tragedy will be told to come back to court. As things stand now, the jury may have to hear the second part of the case -- and decide whether Advance Cast Stone's insurance company should have to pay up.

There are motions to file and legal questions that still need answers, but the bottom line is -- if the company which installed faulty concrete panels on the O'Donnell parking structure back in 1991 intentionally did it, knowing what might happen.

In 2010, the worst that could happen did.

Last Thursday, November 21st, a Milwaukee County jury awarded $39 million to the families of Jared Kellner, the 15-year-old killed who was walking to Summerfest, when a 13.5-ton concrete panel fell from the O'Donnell parking structure, crushing Kellner and the Wosinskis, who were injured walking with him.

Three days later, the lawyers were back in court on Monday, November 25th.

The question is, if Advance Cast Stone knew the shortcuts it used during the installation of concrete panels were done intentionally, with the knowledge of what could happen, Liberty Insurance would not have to cover the damages. A second part of the trial deciding coverage is scheduled before the same jury in March.

Even if Liberty Insurance ends up covering the damage, the policy only covers up to $10 million. It's not clear how much of the $39 million award Advance Cast Stone could pay after that.

Right now, motions will be filed within the next few months.

No matter what happens, this case could be tied up in legal appeals for quite some time.