Civil Procedure — juror questions — forfeiture

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Wisconsin Court of Appeals

Civil

Civil Procedure — juror questions — forfeiture

This is an appeal from a judgment dismissing Paige Buske’s motor vehicle negligence claims against American Family Mutual Insurance Company. Buske raises an issue not presented to the circuit court. She asserts that the court erred by responding to a jury question without consulting the parties or their attorneys. We conclude that Buske forfeited the right to raise this issue by failing to make a post-trial motion asserting the alleged error. We elect to address the issue despite Buske’s forfeiture. We conclude that the circuit court erred by responding to the jury’s question without consulting the parties’ attorneys. We also conclude that the error was harmless. We therefore affirm. Not recommended for publication in the official reports.

2011AP650 Buske, et al. v. Peckham, et al.

Dist IV, Jefferson County, Hue, J., Dykman, J.

Attorneys: For Appellant: Gende, James J., II, Pewaukee; Harding, Matthew R., Pewaukee; For Respondent: Spahr, Ellen L., Milwaukee; Richter, Ward I., Madison; Lyons, Laura M., Madison