By: Derek Hawkins//June 24, 2020//
WI Court of Appeals – District IV
Case Name: Eleanor Curtiss, et al., v. Bruce Ellery, et al.,
Case No.: 2019AP1088
Officials: Fitzpatrick, P.J., Kloppenburg and Nashold, JJ.
Focus: Summary Judgment – Issue of Material Fact
Eleanor Curtiss appeals a circuit court order that granted summary judgment to Bruce Ellery and dismissed Curtiss’s negligence action for injuries Curtiss suffered on a bus driven by Ellery, and an order denying reconsideration. Curtiss contends that there are disputed issues of material fact as to whether Ellery was causally negligent, precluding summary judgment. We agree that there are disputed issues of material fact as to causation and that summary judgment was improperly granted. Accordingly, we reverse and remand for further proceedings.