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Summary Judgment – Issue of Material Fact

By: Derek Hawkins//June 24, 2020//

Summary Judgment – Issue of Material Fact

By: Derek Hawkins//June 24, 2020//

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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.

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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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