Free Newsletter
2010AP1195 Wagner v. Cincinnati Casualty Co.
Torts Safe-place statute; structural defects An exterior replacement window alleged to be hazardous due to faulty installation is a “structural defect” rather than “an unsafe condition associated with the structure” under the safe-place statute. “From the guidance provided by Barry and the examples above, we conclude that the hazardous condition in this case most closely […]
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 [...]
2009AP304 Mellom v. Schindler Elevator Corporation
Torts Product liability; substantial and material change; misuse; open and obvious danger This is a strict products liability case. Douglas Mellom was performing a service call on a freight elevator at General Motors’ (GM) Janesville plant when he fell from the unguarded top of the elevator car to his death. The elevator was installed by […]
2009AP2815 Elmer v. Wisconsin County Mutual Insurance Company, et al.
Torts Governmental immunity In 2006, Polk County, pursuant to a contract with the State of Wisconsin, laid and compacted six inches of gravel on Highway 65. Kelli Elmer was killed and Courtney Doolittle was severely injured when Kelli lost control of her van as it entered the gravel lift later that day. Timothy and Terry […]
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[...]
2009AP3133 Rubedor v. Kopp
Torts Medical malpractice; informed consent Ty Rubedor appeals a judgment and order following a jury verdict finding in favor of Dr. Douglas Kopp on Rubedor’s claim that Dr. Kopp failed to adequately obtain his informed consent prior to performing a medical procedure on his heart. Rubedor contends that the circuit court erred in limiting the […]
2010AP1426 Martine v. Williams
Torts Workers compensation; exclusive remedy Where an employee has already asserted a claim that his injuries are covered by the Worker’s Compensation Act, and he had accepted a benefit under the Act, albeit by compromise, his exclusive remedy is under the Act. “The Martines argue that, while the employer’s liability may be limited to the […]
2010AP836 Weis v. Cornhusker Casualty Company, et al.
Torts Municipal immunity Dale Weis appeals a summary judgment dismissing claims against Ronald Ratzburg, Jefferson Bus Service, Inc. (“JBS”), and their insurer, Cornhusker Casualty Company. Weis argues that the circuit court improperly concluded that Ratzburg and JBS were agents of the Jefferson School District, and thus entitled to immunity under Wis. Stat. § 893.80(4), for […]
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 […]
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, [[...]
2010AP1992 Anderson v. Hebert
Torts Defamation; workers compensation The Worker’s Compensation Act is not the exclusive remedy when an employer defames a former employee. “The County also contends Wisconsin courts have applied the exclusive remedy provision to bar claims arising from post-termination injuries other than defamation. The County principally relies on Pederson & Voechting v. Kromrey, 201 Wis. 599, [&hellip[...]
2010AP316 Milton, et al. v. Washburn County, et al.
Torts Recreational immunity A snowmobile club’s failure to remove a directional sign is not a malicious act resulting in the loss of recreational immunity. “Milton and Hoffman argue the Club’s conduct was so certain to cause injury that a jury could infer they were aware injury was practically certain to result. We disagree. Our supreme […]
Polls
Loading ...Legal News
- Federal agencies failed to investigate Havana Syndrome, ignored crucial evidence and withheld information, attorney says during Congressional hearing
- As Patrick Beverley calls his actions ‘inexcusable,’ police announce they’ve opened an investigation
- Democrats spend $7 million from campaign war chest in TV ads, many directed at Milwaukee northern suburbs
- Biden lauds new Microsoft center on the same site where Trump’s Foxconn project failed
- Gov. Evers seeks applicants for Eau Claire County Circuit Court
- Trump appointed judge presiding over classified documents case cancels trial
- Applicants wanted for Jefferson County, Crawford County circuit courts
- Wisconsin wedding barns sue over state’s new liquor law requiring licensing
- Audit launched of Wisconsin’s diversity efforts
- Federal appeals court approves high-voltage power line through Mississippi River refuge
- Dane County residents encouraged to weigh how to spend federal funds
- Jurors should have considered stand-your-ground defense in sawed-off shotgun killing, judges rule
WLJ People
- Power 30 Personal Injury Attorneys – Russell Nicolet
- Power 30 Personal Injury Attorneys – Benjamin Nicolet
- Power 30 Personal Injury Attorneys – Dustin T. Woehl
- Power 30 Personal Injury Attorneys – Katherine Metzger
- Power 30 Personal Injury Attorneys – Joseph Ryan
- Power 30 Personal Injury Attorneys – James M. Ryan
- Power 30 Personal Injury Attorneys – Dana Wachs
- Power 30 Personal Injury Attorneys – Mark L. Thomsen
- Power 30 Personal Injury Attorneys – Matthew Lein
- Power 30 Personal Injury Attorneys – Jeffrey A. Pitman
- Power 30 Personal Injury Attorneys – William Pemberton
- Power 30 Personal Injury Attorneys – Howard S. Sicula
