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Torts – negligence – causation

By: WISCONSIN LAW JOURNAL STAFF//December 23, 2014//

Torts – negligence – causation

By: WISCONSIN LAW JOURNAL STAFF//December 23, 2014//

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Wisconsin Court of Appeals

Civil

Torts – negligence – causation

APPEAL and CROSS-APPEAL from a judgment of the circuit court for St. Croix County: SCOTT R. NEEDHAM, Judge. Affirmed; Cross-appeal dismissed.

Chelsea Betz and her parents, James Betz and Kelli Betz (collectively the Betzes), appeal a judgment dismissing their negligence claims against West Bend
Mutual Insurance Company (West Bend). The judgment was entered following a jury verdict finding that Hannah Nielsen did not cause injuries sustained by
Chelsea when she fell from a tree in which the two girls were playing. We conclude the special verdict answer regarding causation was supported by
reasonable inferences drawn from the evidence at trial. In addition, we conclude the verdict answer was not contrary to the great weight and clear
preponderance of the evidence so as to entitle the Betzes to a new trial in the interest of justice. Accordingly, we affirm.

2014AP000049 Chelsea L. Betz v. West Bend Mutual Insurance Company

DISTRICT III, St. Croix County, SCOTT R. NEEDHAM, PER CURIAM

Attorneys: For Appellant: Bye, Charles M., Heidt, Martha H., Larimore, Joel K. For Respondent: Waterman, R. Michael

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