Torts — premises liability — negligence

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Wisconsin Court of Appeals

Civil

Torts — premises liability — negligence

In June 2008, John Firkus hurt his leg when he fell through precast concrete steps in front of a house that he rented from Gene Telfer. Firkus filed suit against Telfer and his insurer, Helenville Mutual Insurance Company (collectively, Telfer), claiming that Telfer was negligent in the inspection and maintenance of the rental property, and that Telfer’s negligence caused Firkus’s injuries and damages. Telfer appeals a judgment entered after a jury trial in favor of Firkus. The only issue on appeal is whether the circuit court was clearly wrong in changing the special verdict answer on cause from “No” to “Yes.” We agree with the circuit court that no credible evidence supported the jury’s answer that Telfer’s negligent inspection and maintenance of the rental property was not a cause of Firkus’s injuries, and we therefore affirm the judgment entered by the circuit court. Not recommended for publication in the official reports.

2013AP1551 Firkus v. Telfer et al.

Dist IV, Jefferson County, Hue, J., Kloppenburg, J.

Attorneys: For Appellant: Fricker, Matthew T., Hartford; For Respondent: Steinman, Rebecca, Milwaukee