Torts – auto accidents — negligence

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Wisconsin Court of Appeals

Civil

Torts – auto accidents — negligence

Victor King appeals a circuit court order dismissing his negligence claims against Timothy Faubel and other defendants after the court granted summary judgment in the defendants’ favor.[1] King’s claims arose from an accident in which King’s vehicle struck Faubel’s vehicle after Faubel parked on a highway exit ramp during the early morning hours. King argues that the circuit court erred in granting summary judgment because the court resolved genuine issues of material fact against him that should be left for the jury, and further erred in concluding that, as a matter of law, King was negligent and King was more negligent than Faubel. We agree with King. We therefore reverse the court’s order and remand for further proceedings. Not recommended for publication in the official reports.

2010AP2415 King v. Faubel, et al.

Dist IV, Clark County, Counsell, J., Blanchard, J.

Attorneys: For Appellant: Montpetit, Jeffrey M., Minneapolis, MN; For Respondent: Schober, Thomas L., Green Bay