01-2006 Thomas v. Bickler, et al.

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“The 1995 amendment had two apparent purposes: 1) the codification of the pre-existing requirement in negligence actions that, where there are multiple defendants, a plaintiff’s negligence is compared against the separate rather than the combined negligence of the defendants for purposes of determining liability; and 2) the modification of joint and several liability. As to the latter, under the new statute, only a defendant found 51 percent or more causally negligent can be jointly and severally liable for a plaintiff’s total damages (adjusted for any contributory negligence). The liability of a defendant whose causal negligence is less than 51 percent is limited to the percentage of causal negligence attributed to that defendant. …

“Wisconsin Stat. sec. 895.045(1) is clear on its face: only a tortfeasor found to be 51% or more causally negligent shall be jointly and severally liable for a plaintiff’s total damages. Here, therefore, based on the jury’s apportionment of negligence, the circuit court correctly concluded that neither Oconomowoc Lake Club nor Bartolotta Fireworks Company could be held jointly or severally liable for Thomas’ damages, and properly entered judgment against them for their respective 50% and 19% portions of the award.”

Judgment affirmed.

Dist I, Milwaukee County, Sullivan, J. and Gardner, Reserve Judge; Schudson, J.

Attorneys:

For Appellant: James J. Murphy, Milwaukee; Keith R. Stachowiak, Milwaukee

For Respondent: Stuart B. Eiche, Milwaukee; William J. Katt, Milwaukee; Kevin A. Christensen, Milwaukee; Robert E. Neville, Milwaukee