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2010AP1275 Froseth v. Allied Property & Casualty Insurance Company, et al.

Torts
Negligence; jury instructions; causation

Sandra and Michael Froseth appeal the judgment entered in their personal injury action against Michael Brenizer. The Froseths argue the circuit court erroneously excluded reference to the substantial factor test in the jury instructions. The Froseths further contend that Brenizer’s offer of judgment was deficient, thereby precluding a costs award, because the lump-sum offer failed to separate Michael’s derivative claim from Sandra’s claims. We agree with both arguments and reverse. This opinion will not be published.

2010AP1275 Froseth v. Allied Property & Casualty Insurance Company, et al.

Dist III, Eau Claire County, Proctor, J., Per Curiam

Attorneys: For Appellant: Ryberg, J. Drew, Eau Claire; For Respondent: Settano, Marianne, Bloomington, MN; Bofferding, Theresa A., Bloomington, MN

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