MILWAUKEE (WITI) — A jury is set to decide who is to blame for an incident in which a teenager was killed on his way to Summerfest three years ago. Jared Kellner was killed when a concrete slab fell from the O’Donnell Park parking ramp — and after three years of investigations and court action, jury selection in the case began on Monday, October 14th.
15-year-old Kellner, a Whitnall High School student was walking from the O’Donnell parking structure on June 24th, 2010 on his way to Summerfest.
A heavy concrete panel fell from the ramp, killing the boy.
Kellner was walking with his best friend, Eric Wosinski and Wosinski’s family. Wosinski and his mother, Amy were injured.
“The Wozinski’s allege Advanced Cast Stone and Milwaukee County were negligent and their negligence caused the panel to fail,” Milwaukee County Judge Christopher Foley said.
Kellner’s mother was in court on Monday, as was his aunt.
A jury will decide whether Milwaukee County, which owns and maintains the parking structure is responsible for the incident, or whether Advanced Cast Stone — the company that attached the panels to the structure is at fault.
In addition, the jury will decide how much the families should be awarded in damages.
Milwaukee County is also suing Advanced Cast Stone and another construction company, Findorff, for more than $7 million.
Findorff already settled with the Kellners for an undisclosed amount of money.
In court on Monday, Advanced Cast Stone tried to get a judge to delay the trial to find more proof and witnesses that a tow truck allegedly hit the panel not long before it fell.
However, the judge ruled the trial will go on.
Witnesses will include the Wosinski and Kellner families as well as other witnesses.