By: WISCONSIN LAW JOURNAL STAFF//March 19, 2013//
Wisconsin Court of Appeals
Civil
Torts – negligence — stolen vehicles — immunity
Paul Whiteaker appeals a directed verdict dismissing his negligence action against Trinity Trucking, Inc., and its insurer, Integrity Mutual Insurance Company. Whiteaker contends he presented sufficient evidence of special circumstances to abrogate the general rule of immunity in favor of owners when their vehicle is stolen and the thief subsequently injures another. We conclude the circumstances in this case do not permit a jury to conclude Trinity and its employee, David Hunter, were causally negligent for Whiteaker’s injuries. Accordingly, we affirm. This opinion will not be published.
2012AP90 Whiteaker v. Black, et al.
Dist III, Polk County, Harrington, J., Per Curiam
Attorneys: For Appellant: Bye, Charles M., River Falls; Heidt, Martha H., River Falls; For Respondent: Thurmer, Susan D., Minneapolis