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Tag Archives: causation

2010AP1021 Zavala McDaniel, et al. v. Aldrich, et al.

Torts Medical malpractice; negligence; causation; damages Peri Aldrich, M.D., and her employer, Bellin Health Systems, Inc., are co-appellants in this wrongful death medical malpractice case. A jury found them causally negligent in the death of Gustavo Espinal-Santos, who was treated at a Bellin clinic by two Physician Assistants (P.A.s) under Dr. Aldrich’s supervision. Dr. Aldrich and Bellin contend the evidence ...

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2010AP1275 Froseth v. Allied Property & Casualty Insurance Company, et al.

Torts Negligence; jury instructions; causation Sandra and Michael Froseth appeal the judgment entered in their personal injury action against Michael Brenizer. The Froseths argue the circuit court erroneously excluded reference to the substantial factor test in the jury instructions. The Froseths further contend that Brenizer’s offer of judgment was deficient, thereby precluding a costs award, because the lump-sum offer failed ...

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10-1279 Myers v. Illinois Central Railroad Co.

Employment FELA; causation; expert testimony The district court properly excluded the testimony of an ergonomist and treating physicians to prove that a railroad employee’s cumulative trauma disorders were caused by the railroad’s negligence. “[T]he ergonomist could testify as an expert about how dangerous the railroad yard’s conditions were, but that does not mean he is qualified to testify about what ...

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2009AP2712 McGillis-Lewandowski, et al. v. Kilps, et al.

Torts Negligence; causation Lisa McGillis-Lewandowski appeals from a judgment dismissing the negligence case she filed against her landlord, Timothy Kilps. The trial court precluded certain testimony as hearsay and then granted the defendants’ motion for dismissal at the close of McGillis-Lewandowski’s case on grounds that she had not met her burden of proof as to negligence or causation. Rather than ...

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