Personal Injury – Comparative Negligence – Jury Instructions

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Civil

Supreme Court of Wisconsin

Personal Injury – Comparative Negligence – Jury Instructions

13-AP-1750 Ronald J. Dakter v. Dale L. Cavallino

The necessity for a new trial does not follow from a negligence instruction given in error unless it is shown to have been prejudicial – jury instruction need not be perfect.

“Even if the truck driver negligence instruction was in error, the defendant is not necessarily entitled to a new trial. Erroneous jury instructions warrant reversal and a new trial only when the error is prejudicial.11 Whether an error is prejudicial is a question of law this court decides independently of, but benefiting from, the analyses of the circuit court and court of appeals . . . Could the truck driver negligence instruction have been more clearly worded? Perhaps. But perfection is not what the law requires. An appellate court need decide only whether “the overall meaning communicated by the instruction . . . was a correct statement of the law[] . . . .” In the instant case, the overall meaning communicated by the totality of the negligence instructions was a correct statement of the law and was not misleading.”

Affirmed

SHIRLEY S. ABRAHAMSON, J.

Concurring: ROGGENSACK, C. J. concurs (Opinion filed). ZIEGLER, joined by GABLEMAN, JJ. concur (Opinion filed).

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