01-2379 Lobenstein, et al. v. American Family Insurance, et al.

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American Family Mutual Insurance Company appeals from a judgment awarding plaintiffs $135,000 in damages for injuries resulting from a car accident between plaintiff, Jack Lobenstein, and Lucille Cassidy, who was insured by American Family. American Family makes six claims: (1) the trial court erred by denying its motion for summary judgment; (2) the trial court erred by excluding evidence concerning possible alternate explanations of the collision; (3) the trial court erred by refusing to give a curative instruction when the Lobensteins’ counsel reversed the burden of proof during closing argument; (4) the conduct of the Lobensteins’ counsel prejudiced the jury, requiring a new trial; (5) the damage award was perverse requiring either remittitur or a new trial; and (6) the totality of errors requires a new trial in the interest of justice.

We reject these claims and affirm.

Not recommended for publication in the official reports.

Dist IV, Marquette County, Wright, J., Dykman, J.

Attorneys:

For Appellant: Michael P. Crooks, Madison; Patricia J. Epstein, Madison

For Respondent: Robert G. LeBell, Milwaukee; Richard L. Moncada, Milwaukee