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2009AP2025 Wilson, et al. v. Trade Lake Mutual Insurance Company, et al.

By: WISCONSIN LAW JOURNAL STAFF//February 1, 2011//

2009AP2025 Wilson, et al. v. Trade Lake Mutual Insurance Company, et al.

By: WISCONSIN LAW JOURNAL STAFF//February 1, 2011//

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Torts
Negligence; public policy

In 2003, ten-year-old Jason Wilson sustained a severe eye injury when a tent stake he was hitting against a tree broke apart. Mary and Earl Wilson, Jason’s grandparents, were found causally negligent by a jury for enhanced injuries he sustained because he did not receive prompt medical attention. Trade Lake Mutual Insurance Company, the Wilsons’ homeowners’ insurer, appeals from the judgment. We conclude that although the jury verdict is supported by credible evidence, public policy bars Jason’s recovery because his enhanced injuries are too remote from the Wilsons’ negligence and too wholly out of proportion to the Wilsons’ culpability.

Accordingly, we reverse. Not recommended for publication in the official reports.

2009AP2025 Wilson, et al. v. Trade Lake Mutual Insurance Company, et al.

Dist III, Burnett County, Kutz, J., Brunner, J.

Attorneys: For Appellant: Thrasher, Joe, Rice Lake; Smith, Todd A., Rice Lake; For Respondent: Goff, Steven B., River Falls; Heidt, Martha H., River Falls

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