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2009AP2939 Dezoma, et al. v. The Cincinnati Insurance Company, et al.
Torts Premises liability Christine A. Dezoma has appealed from an order granting summary judgment and dismissing her claims against JFM-SMM, LLC (JFM) and its insurer, The Cincinnati Insurance Co., for injuries allegedly sustained by her when she slipped and fell on snow or ice outside a building owned by JFM. We conclude that summary judgment […]
2010AP882 Flynn v. Audra’s Corp.
Torts Tavern owner’s duty; business premises A tavern owner’s duty to protect its customers from third persons extends to property it does not own but uses as a parking lot. “Here, Flynn was approximately thirty to thirty-five feet from the Chuckwagon building when he was punched. It is undisputed that Audra’s does not own the […]
08-1314 Williamson v. Mazda Motor of America, Inc.
Torts Seat belts; preemption Federal Motor Vehicle Safety Standard 208 does not pre-empt state tort suits claiming that manufacturers should have installed lap-and-shoulder belts, instead of lap belts, on rear inner seats. Like the regulation in Geier, the instant regulation leaves the manufacturer with a choice, and the tort suit here would restrict that choice. […]
09-152 Bruesewitz v. Wyeth, LLC
Torts Vaccines; preemption The National Childhood Vaccine Injury Act of 1986 preempts all design-defect claims against vaccine manufacturers brought by plaintiffs seeking compensation for injury or death caused by a vaccine’s side effects. Section 300aa–22(b)(1)’s text suggests that a vaccine’s design is not open to question in a tort action. If a manufacturer could be […]
2009AP2236 Foremost Farms USA Cooperative v. Performance Process Inc., et al.
Torts Economic loss doctrine This case returns to us after remand. In Foremost Farms USA Cooperative v. Performance Process, Inc., 2006 WI App 246, 297 Wis. 2d 724, 726 N.W.2d 289 (Foremost I), we reversed the circuit court’s judgment granting summary judgment in favor of Performance Corp. and directed the circuit court to reinstate Foremost’s […]
2010AP581 Beer, et al. v. La Crosse County Agricultural Society, et al.
Torts Release of liability; public policy Charles Beer and Darin Toot appeal an order of summary judgment in favor of La Crosse County Agricultural Society, MotorSports Management Services, Inc., Virginia Surety Company, Inc., and ACE American Insurance Company (collectively The Speedway). The circuit court held that a “Release And Waiver of Liability” form (the “Speedway […]
2009AP2457 Erdmann v. Progressive Northern Ins. Co.
Torts Dog injury statute Public policy does not bar a strict liability claim against a homeowner under Wisconsin’s dog injury statute, sec. 174.02, where dog belonged to the homeowner’s daughter who lived with her. “The facts of this case are much closer to those in Pawlowski than those in Pattermann. For the time that Plamann […]
2010AP489 Krans v. Wicklund, et al.
Torts Defamation; limited purpose public figures Thomas Krans appeals a summary judgment order dismissing his defamation claims against Robert Wicklund and Dennis Newingham. Krans contends that there are genuine issues of material fact as to whether a pamphlet authored and distributed by Wicklund and Newingham at an Aurora town board meeting contained statements defamatory to […]
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 […]
10-2147 Robinson v. Sherrod
Torts Federal prisoners A federal prisoner cannot sue to obtain an order that prison medical staff treat him without first exhausting administrative remedies. “Carlson v. Green, 446 U.S. 14 (1980), however, which held that the Federal Tort Claims Act is not the exclusive remedy for constitutional torts by federal officers, has never been overruled, and […]
09-2756 Gipson v. U.S.
Torts FTCA A state rule that expert testimony is required to establish medical malpractice applies to actions under the Federal Tort Claims Act. “Concern with forum shopping—a concern that favors interpreting ‘substantive’ broadly in diversity cases—is absent from cases under the Federal Tort Claims Act. Such cases can be brought only in federal court—the plaintiff […]
2010AP304 Schwibinger, et al. v. State Farm Mutual Insurance, et al.
Torts Damages; lost earning capacity A jury found that Christopher Kamin’s negligence caused Connie Schwibinger’s injuries and that $71,000 would fairly compensate her. Schwibinger contends the trial court’s denial of her motion to amend the scheduling order precluded her from fully presenting her case and that, under Hanson v. American Family Mutual Insurance Company, 2006 [&hel[...]
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