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00-3353 Muskevitsch-Otto v. Otto

By: dmc-admin//August 6, 2001//

00-3353 Muskevitsch-Otto v. Otto

By: dmc-admin//August 6, 2001//

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“The trial court not only correctly emphasized intent but correctly included other factors in its instruction. The other factors the trial court instructed the jury to consider were Kyle’s frequency and duration of stays at the Tetting home, his personal possessions in the home, his use of the Tetting home as a mailing address, or his other use of the Tetting home as an address. In addition, the trial court instructed the jury to consider all of the facts and circumstances bearing on the question of residency. We are satisfied with the instruction in this regard. …

“Finally, Kyle argues that the instruction was erroneous because in it the trial court made a factual finding that Kyle was not living with the Tettings on the date of the accident and conditioned a jury finding of residency at the time of the accident on an intent to return to live with the Tettings. We surmise that this part of the instruction was prompted by the fact that the trial court answered ‘yes’ to the second question of the special verdict, which informed the jury of the undisputed fact that Kyle was living with Jessica at the time of the accident. Importantly, this part of the instruction was immediately followed by language that informed the jury that despite not living with the Tettings, ‘a person may be a resident of more than one household.’ We are satisfied with this clarification of the law.”

Judgment affirmed.

Recommended for publication in the official reports.

Dist II, Winnebago County, Schmidt, J., Anderson, J.

Attorneys:

For Appellant: Steven L. Toney, New London

For Respondent: Michael S. Murray, West Allis; Matthew W. Moran, West Allis

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