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Negligence

May 17, 2011

2010AP989 West Bend Mutual Insurance Company v. InterCon Construction Inc., et al.

Torts Negligence West Bend Mutual Insurance Company appeals a summary judgment dismissing its negligence claim against InterCon Construction, Inc., and Arch Insurance Company (collectively “InterCon”). We conclude summary judgment was inappropriate because the record viewed in the light most favorable to West Bend raises competing inferences concerning material facts. We therefore reverse and [...]

May 3, 2011

2010AP406 Grieger v. Smithfield Beef Group-Green Bay, Inc., et al.

Torts Safe-place statute; negligence Richard Grieger appeals a summary judgment dismissing his personal injury action that alleged negligence and safe-place violations. Grieger argues the circuit court erroneously concluded that the safe-place statute was inapplicable. Grieger further contends the court erroneously dismissed his claim that Smithfield Beef Group-Green Bay, Inc. is liable for ordina[...]

Apr 6, 2011

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 […]

Apr 5, 2011

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, [[...]

Feb 19, 2011

Mother pleads no contest in death of infant

BARABOO, Wis. (AP) — A Wisconsin mother has pleaded no contest to felony negligence in the death of her 16-month-old son who was left in a hot trailer at a park in Prairie du Sac last summer. Police were called to the VFW Park July 17 where they found 21-year-old Brandie Nelson trying to revive […]

Feb 1, 2011

2009AP2025 Wilson, et al. v. Trade Lake Mutual Insurance Company, et al.

Torts Negligence; public policy In 2003, ten-year-old Jason Wilson sustained a severe eye injury when a tent stake he was hitting against a tree broke apart. Mary and Earl Wilson, Jason’s grandparents, were found causally negligent by a jury for enhanced injuries he sustained because he did not receive prompt medical attention. Trade Lake Mutual […]

Oct 13, 2010

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 […]

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