Bridge owner settles lawsuit with City of Burlington, but says he got 'railroaded' in the deal [The Journal Times, Racine, Wisc.]

Feb. 15—BURLINGTON — The owner of a historic bridge says he has been "railroaded" in a legal battle with the City of Burlington over damage caused by a fire truck racing to a deadly plane crash.

Roger Bieneman has settled out of court with the city because, he said, his legal costs were climbing astronomically in the nearly two-year-old squabble.

The two parties agreed to a settlement in Racine County Circuit Court on the eve of a Feb. 6 jury trial, which Bieneman had sought in hopes of recouping $100,000 that he spent repairing the privately owned bridge.

City officials are declining to comment on the Bieneman bridge episode.

Area residents recognize the bridge across Honey Creek for its elaborate Christmas holiday decorations each winter, which Bieneman stopped displaying last year, in part because of the ongoing disagreement with city officials.

A Burlington Fire Department firefighter drove a 20-ton fire truck across the bridge in May 2020, causing serious damage to the wooden truss-style structure.

Bieneman, who says he filed suit because the city and its insurance company refused to take responsibility for the damage, said the resulting court battle cost him sleepless nights and forced him and his wife, Joy Bieneman, to divert money from their retirement savings.

The settlement will pay the couple $35,000, Bieneman said, which will not even cover the cost of their attorneys.

Bieneman sad he agreed to settle out of court only because his legal expenses were climbing, and that going to trial would have required him to invest thousands of dollars more in the effort.

Bieneman, 81, a retired UPS delivery driver, said he remains disappointed with city officials — who he believes showed little regard for the damage caused by their fire truck or the cost of restoring his property.

"We got railroaded," he said. "You work hard. You save your money, and they come and take it away from you."

City officials declined to comment about the court fight with the Bienemans or the out-of-court settlement.

City Administrator Carina Walters said a city lawyer has advised her not to discuss the matter until "final paperwork" has been completed on the settlement.

"Until the attorney advises I can respond, I am unable to do so," Walters stated in an email.

Mayor Jeannie Hefty could not be reached for comment.

City Council President Jon Schultz said he was unaware of details of the out-of-court settlement with the Bienemans.

Schultz said the city's liability insurance company was handling the matter.

"My understanding is they control all these decisions," he added.

The dispute began May 15, 2020, when a small airplane crashed near Bieneman's farm property at 3801 Bieneman Road, located just north of the city in the Town of Burlington.

The pilot was pulled from the wreckage but later died of his injuries.

As emergency crews raced to the crash site, a fire truck crossed Bieneman's bridge and left it severely damaged.

The bridge was built in 1877, and at one time was regarded as the oldest bridge of its kind in Wisconsin.

Bieneman says city officials assured him that the city's insurance company would cover any repair costs.

But when months passed without an offer of help, Bieneman bought the necessary lumber and, with his three sons, rebuilt the bridge himself.

The cost of the lumber, equipment and other materials totaled $103,000, he said.

The Bienemans filed suit against the city in June 2021, alleging that the city was negligent, partly because the firefighter driving the truck, Justin Benko, had a troubled work record with the city.

Benko resigned shortly after the bridge incident.

Taxpayers ended up defending Benko's conduct in the suit, as he was named a co-defendant along with the Burlington Fire Department and two insurance companies.

Roger and Joy Bieneman were represented by the Elkhorn law firm of Godfrey Leibsle Blackbourn & Howarth.

Joy Bieneman, 79, said the legal fight took a toll on her husband.

"It bothers Roger more than it bothers me," she said. "We're just glad that it's going to be over."

Court records show that as the Feb. 6 date approached for a jury trial, the two sides reported to Circuit Judge Mark Nielsen that they were settling.

The terms of the settlement have not been disclosed in court records.

Roger Bieneman said he already had spent about $70,000 on legal costs, and a trial would have cost him another $40,000 or more for lawyers, witnesses and other expenses.

Bieneman, whose family has been part of Burlington since the pioneer days of the 1840s, said losing more than $100,000 from retirement savings feels like he and his wife suffered a loss in the stock market — with one important difference.

"The market comes back," he said. "This ain't going to come back."

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