Jury Instructions

By: Derek Hawkins//May 19, 2020//

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WI Court of Appeals – District I

Case Name: Monica R. Pennell v. American Family Mutual Insurance Company S.I. et al.

Case No.: 2019AP170

Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.

Focus: Jury Instructions

Monica R. Pennell was injured in an automobile accident. Pennell appeals from a money judgment entered in her favor against American Family Mutual Insurance Company, S.I. and Carmella Covelli. Pennell argues the circuit court erred in refusing to instruct the jury as to whether Covelli’s negligence was “a cause” of her injuries (WIS JI—CIVIL 1500) and erred in refusing to instruct the jury on “aggravation or activation” of a pre-existing condition (WIS JI—CIVIL 1720). We agree with Pennell and reverse and remand for a new trial.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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