Negligence- Res ipsa loquitur

By: WISCONSIN LAW JOURNAL STAFF//September 18, 2023//

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WI Court of Appeals – District I

Case Name: Steven Rembalski v. John Plewa, Inc.

Case No.: 2022AP001154

Officials: White, C.J., Donald, P.J., and Dugan, J.

Focus: Negligence- Res ipsa loquitur

Steven Rembalski appeals the judgment that dismissed his negligence claim against John Plewa, Inc. and Pekin Insurance Company (Plewa). Rembalski argues that the circuit court erred when it concluded that the doctrine of res ipsa loquitor would not apply to establish Plewa’s negligence in his home improvement work at Rembalski’s home. Plewa contends that Rembalski’s claim was properly dismissed for failing to prove a negligence claim. The appeals court concludes that the record supports the circuit court’s findings that Rembalski failed to prove the negligence claim.

Affirmed.

Decided 09/12/23

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