Wisconsin Imputed Fault Law

Cynthia Helder Gary v. Kwik Trip, Inc.

Minneapolis, Minnesota personal injury lawyers represented the Plaintiff who sued on an auto negligence theory. Minnesota follows the "comparative negligenceâ€ rule. Under this system, a plaintiff's compensation can be reduced by a percentage that equals their share of fault in causing the accident. If a plaintiff is found to be more than 50% at fault, they are barred from recovering... More...

$0 (03-12-2024 - WI)

Richard Postma, et al. v. Delores J. Van Lanen and Auto Owners Insurance Company

Madison, Wisconsin personal injury lawyer represented the Plaintiff who sued the Defendants on negligence theories. "Understanding negligence law in Wisconsin is crucial if you've been injured due to someone else's carelessness. Here's a breakdown of key elements: Duty of Care: Everyone in Wisconsin has a duty to act with reasonable care under the circumstances to avoid harming o... More...

$1 (11-06-2023 - WI)

Paden Rothenberger v. Sysco Corporation, et al.

Green Bay, Wisconsin personal injury lawyer represented the Plaintiff who sued the Defendants on auto negligence theories claiming to have suffered more than $75,000 in damages and/or injuries as a direct result of a semi-tractor-trailer accident. Overview of Wisconsin auto negligence law: Sure, here's an overview of Wisconsin auto negligence law, complete with some helpful visua... More...

$1 (12-05-2023 - WI)

Sheila A. Gard v. United States of America

Milwaukee, Wisconsin personal injury lawyer represented Plaintiff, who sued Defendant on a Federal Tort Claims Act auto negligence theory claiming to have suffered more than $75,000 in damages and/or injuries as a direct result of a car wreck caused by a federal government employee. Sheila A. Gard testified at trial that on March 24, 2017, she was driving south on a country road wh... More...

$0 (06-24-2022 - WI)

United States of America v. David M. Kruchten

Madison, WI: Criminal defense lawyer represented defendant charged with attempting to produce obscene depictions of minors engaging in sexually explicit conduct and transporting minors in interstate commerce with the intent to engage in illicit sexual conduct. David M. Kruchten, 39, a former Madison high school teach was indicted for attempting to produce obscene depictions of minors en... More...

$0 (10-27-2021 - WI)

Zongjian and Weign Jiang and Estate of Emily Zhu v. Brian Hodgson

<center><h1><ahref="http://www.callmorelaw.com" target="_new">MoreLaw Virtual Receptionists</a>Cost Effective </h1></center> Madison, WI - Zongjian and Weign Jiang and Estate of Emily Zhu and Estate of Emilly Zhu sued Brian Hodgson on a personal injury wrongful death auto negligence t... More...

$15000000 (06-08-2019 - WI)

Shonda Martin v. Milwaukee County

Milwaukee County (ï¿½Countyï¿½) hired Xavier Thicklen in late 2012 to work as a corrections officer in its jail. County has a zero-tolerance policy forbidding corrections officers from having any sexual contact with inmates. County repeatedly instructed Thicklen not to engage in any such contact and trained him to avoid it. Thicklen gave answers to quizzes indicating he understood the tr... More...

$0 (09-17-2018 - WI)

State of Wisconsin v. Michael L. Washington <table> <td>

The petitioner, Michael L. Washington ("Washington"), seeks review of a published court of appeals decision affirming his judgment of conviction and the circuit court's order denying his postconviction motion.1 He asserts that the court of appeals erred in determining that, by his conduct, he waived his statutory right to be present at trial. Washington specifically cont... More...

$0 (01-13-2018 - WI)

S.V. Gopalratnam v. Hewlett-Packard

Plaintiffs’ son tragically perished in a fire at plaintiffs’ home in June 2010. Believing that the fire was caused by a defective lithium ion battery cell from their son’s laptop, plaintiffs filed a products liability suit against separate manufacturers of the laptop, battery pack, and indi-vidual battery cells. Plaintiffs supported their causation the-ory solely through testimony from two e... More...

$0 (12-17-2017 - WI)

State of Wisconsin v. Jimmie Lee Smith

We review a published decision of the court of appeals1 that reversed the Milwaukee County Circuit Court's2 denial of defendant Jimmie Lee Smith's (Smith) postconviction motion to vacate the judgment of conviction. ¶2 Smith was convicted of second-degree sexual assault, contrary to Wis. Stat. § 940.225(2)(a) (2013-14),3 and sentenced ... More...

$0 (05-31-2016 - WI)

Andrew Vosburg v. George PUtncy

The action was brought to recover damages for an assault and battery, alleged to have been committed by the defendant upon the plaintiff on February 20, 1889. The answer is a general denial. At the date of the alleged assault the plaintiff was a little more than 14 years of age, and the defendant a little less than 12 years of age. The injury complained of was caused by a kick inflicted by defend... More...

$0 (11-30--0001 - WI)

Chris E. Carhart v. Carhart-Halaska International, LLC

Karl Marx famously remarked that "all great worldâ€historic facts and personages appear ... twice ...: the first time as tragedy [Napoleon I], the second time as farce [the great Napoleon's nephew, Napoleon III].â€ William Gaddis reversed the sequence in his satirical law novel A Frolic of His Own (1994). At the beginning of the novel the protagonist, while standi... More...

$0 (06-08-2015 - WI)

Thomas E. Zablocki v. Roger C. Redhail

At issue in this case is the constitutionality of a Wisconsin statute, Wis.Stat. Â§Â§ 245.10(1), (4), (5) (1973), which provides that members of a certain class of Wisconsin residents may not marry, within the State or elsewhere, without first obtaining a court order granting permission to marry. The class is defined by the statute to include any "Wisconsin resident having minor issue not in ... More...

$0 (10-18-1978 - WI)

Marilyn Rae Baskin v. Penny Bogan

Indiana and Wisconsin are among the shrinking majority of states that do not recognize the va-lidity of same-sex marriages, whether contracted in these states or in states (or foreign countries) where they are law-ful. The states have appealed from district court decisions invalidating the states' laws that ordain such refusal. Formally these cases are about discrimination against the small ho... More...

$0 (09-04-2014 - WI)

Katherine Lees v. Carthage College

Katherine Lees began her freshman year at Carthage College in the fall of 2008. On September 21, 2008, she was sexually assaulted in her dorm room by two men she believed to be Carthage students. Lees withdrew from Carthage after the attack and eventually brought this negligence action against 2 No. 11-3061 the college and its insurer, Lexington Insurance Company (collectively, "Cart... More...

$0 (04-16-2013 - WI)

Vosburg v. Putney

The facts of this case are briefly as follows: The plaintiff was about fourteen years of age, and the defendant about eleven years of age. On the 20th day of February, 1889, they were sitting opposite to each other across an aisle in the high school of the village of Waukesha. The defendant reached across the aisle with his foot, and hit with his toe the shin of the right leg of the plaintiff. The... More...

$0 (11-05-1890 - WI)

Khor Chin Lim v. Courtcall, Inc.

The complaint in this suit alleged that Courtcall, which gives notices to litigants; fellow tenants in the apartment building where plaintiff lives in Madison, Wisconsin; a local police officer; the Dane County District Attorney's Office; the Governor of Wisconsin; and a former Prime Minister of Singapore; all have conspired to ruin plaintiff's life. The district court dismissed this suit as fanta... More...

$0 (06-19-2012 - WI)

Robert W. Felland v. Patrick Clifton

While vacationing in Arizona, Robert and Linda Felland entered into a contract to purchase a condominium unit in a planned beachfront development in Puerto PeÃ±asco, Mexico. The project was managed by a real-estate development firm owned by Patrick Clifton, an Arizona resident. Robert Felland signed an agreement that required the couple to make a down payment in three installments. After making ... More...

$0 (06-07-2012 - WI)

John Schlueter v. Edward C. Latek

This appeal in a diversity suit presents issues of Wisconsin law, both statutory law and common law. The plaintiff seeks recovery, on a theory of restitution, of a brokerage fee that he paid the defendants. The district court, deeming the parties in pari delicto (equally at fault), granted the defendants' motion to dismiss the complaint for failure to state a claim. The defendants are a corporatio... More...

$0 (06-07-2012 - WI)

Ryan M. Kierstead v. Labor and Industrial Review Commission

¶1 HOOVER, P.J. The Labor and Industry Review Commission appeals an order reversing the Commission's decision, which held that Ryan Kierstead was ineligible for unemployment insurance benefits. We agree with the Commission that Kierstead voluntarily terminated his employment and that the termination was not for good cause attributable to his employer. We therefore reverse the circuit c... More...

$0 (04-03-2012 - WI)

Thomas W. Jandre v. Wisconsin Injured Patients and Families Compensation Fund

¶1 SHIRLEY S. ABRAHAMSON, C.J. This is a review of a published decision of the court of appeals in a medical malpractice case.[1] The court of appeals affirmed a judgment of the Circuit Court for Fond du Lac County, Robert J. Wirtz, Judge, entered on a jury verdict in favor of Thomas W. Jandre (Jandre) and his wife, Barbara J. Jandre (collectively, the Jandres), against Dr. Therese J. Bullis... More...

$0 (04-17-2012 - WI)

David Rasmussen v. General Motors Corporation

We review an unpublished decision of the court of appeals[1] affirming the circuit court's[2] order dismissing for lack of personal jurisdiction a defendant, the Japan-based Nissan Motor Company (Nissan Japan), from David Rasmussen's (Rasmussen) class-action lawsuit. The issue presented to this court is whether Wisconsin has general personal jurisdiction over Nissan Japan.[3] Accordingly, we are... More...

$0 (07-01-2011 - WI)

Roberthenry Davis, Sr. v. Time Warner Cable of Southeastern Wisconsin, L.P.

Roberthenry Davis, Sr., an African American salesperson, was fired from Time Warner Cable of Southeastern Wisconsin ("Time Warnerâ€) after his white boss concluded that Davis violated Time Warner's zero-tolerance Employee Guidelines by processing a noncommissionable transaction as a commissionable one. Davis complained about his termination to Time Warner's human resources department and was ... More...

$0 (07-05-2011 - WI)

Seidls' Mountain View Dairy, LLC v. Mark J. Seidl

Mark Seidl and his brother, Alan Seidl, formed Seidls' Mountain View Dairy, LLC, in 2002, and were its only members.[1] Per the members' operating agreement, Alan and Mark were required to maintain equal capital accounts. Any excess in one member's capital account was treated as an obligation of the LLC to the member with the larger account. ¶2 Alan and the LLC brought suit afte... More...

$0 (05-03-2011 - WI)

Douglas County Child Support Agency v. Hossain Khoroosi

Hossain Khoroosi, pro se, appeals from an order denying a petition to waive the fees and costs of a hearing transcript. The circuit court found that Khoroosi was not indigent and therefore was not eligible for a free transcript. We affirm. ¶2 Khoroosi was named in a paternity action. Khoroosi denied paternity at the initial paternity hearing. Numerous proceedings have been condu... More...

$0 (05-03-2011 - WI)

Roger H. Fischer, Sr. v. Pamela A. Steffan

This review arises from an automobile accident. Roger H. Fischer, Sr. and Sandra J. Fischer, the injured plaintiffs, seek $10,000 from Pamela A. Steffen, the driver defendant; the defendant's insurer is Wilson Mutual Insurance Co. The $10,000 is the amount received by the plaintiffs from the plaintiffs' insurer, American Family Insurance Company, for medical expenses. The policy maximum for no-... More...

$0 (05-24-2011 - WI)

United States of America, et al., v. George A.Whiting Paper Co., et al., Appeal of Appleton Papers Inc. and NCR Corporation

In 2009, the United States and the State of Wisconsin ("the Governmentsâ€) filed suit in federal district court against eleven of the potentially responsible parties ("PRPsâ€) in an environmental cleanup, seeking response costs under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Â§ 9601 et seq. (CERCLA). Shortly thereafter, the Governments filed ... More...

$0 (05-06-2011 - WI)

Evelyn Werner v. Kenneth Hendree and Michael Honeck

This case comprises two separate appeals. A brief summary of the facts and procedural history is necessary to explain the posture of our review. ¶2 Eighty-four-year-old Evelyn Werner (Werner) was physically attacked in her home and had her safe stolen by three assailants, one of whom was Kenneth Hendree (Hendree). Hendree had previously visited Werner's home several times while employe... More...

$0 (02-16-2011 - WI)

Ryan C. Tews v. NHI, LLC

Plaintiff Ryan C. Tews seeks review of an unpublished decision of the court of appeals affirming an order of the circuit court which concluded that the statute of limitations had run and granted summary judgment in favor of the defendant, Wisconsin Electric Power Company ("WEPCo").[1] Tews apparently had difficulty identifying the correct legal name of the defendant that allegedly serviced the el... More...

$0 (12-21-2010 - WI)

Dahir Lands, LLC v. American Transmission Company, L.L.C.

¶1 BLANCHARD, J. This case raises the question of the procedural steps that clerks of circuit courts are required to take in order to trigger the deadline for a landowner to appeal a just compensation award issued by a condemnation commission. The narrow issue presented is whether a clerk of circuit court needs to comply strictly with the notice requirements in Wis. Stat. Â§ 32.06(8)... More...

$0 (11-11-2010 - WI)

Walter Tatera v. FMC Corporation

This is a review of a published decision of the court of appeals[1] that affirmed in part and reversed in part an order of the Milwaukee County Circuit Court, Judge Timothy G. Dugan presiding, which granted summary judgment to FMC Corporation (FMC) on the negligence and strict liability claims brought by Vicki Tatera and the Estate of Walter Tatera, her late husband (collectively Tatera). Tatera ... More...

$0 (07-20-2010 - WI)

Brian Collicott v. Whole Foods Market Group, et al.

Brian Collicott and the family and estate of Branden Atherton sued Chi-Hi, Whole Food Market Group and its driver Michael Kozlowski and Chippewa Trails Bus Company and its deiver Paul Rasmus for the injuries sustained by Collicott and the damages sustained by Atherton's family on their wrongful death claim. Plaintiffs sued on an auto negligence theories claiming that Kozlowski failed to exercise ... More...

$4560000 (01-15-2010 - WI)

Colleen Pawlowski v. American Family Mutual Ins. Co. and Nancy L. Seefeldt

¶1 This is a review of a published decision of the court of appeals[1] reversing a judgment of the Circuit Court for Winnebago County, Thomas J. Gritton, Judge. The circuit court granted summary judgment to the defendants, American Family Mutual Insurance Company and their insured, Nancy L. Seefeldt (collectively referred to as Ms. Seefeldt), against the plaintiffs, Colleen Pawlowski and her hus... More...

$0 (12-29-2009 - WI)

Industrial Rick Inserers and Quad Graphics, Inc. v. American Engineering Testing, Inc. Denzin Engineering, LLC, HK Systems, Inc., Rack Structures, Inc., Federal Insurance Company, American Home Assurance Company, OneBeacon Insurance Co., St. Paul Fire & Marine Ins. Co., Commercial Union Midwest Insurance Company and St. Paul Surplus Lines Insurance Company

¶1 Leavitt Tubing Company, LLC (Leavitt) and Lumbermens Mutual Casualty Company (Lumbermens) appeal from a final judgment entered in favor of Industrial Risk Insurers (IRI) and Quad Graphics, Inc. (Quad).1 IRI/Quad cross-appeals, contending that the trial court erred by refusing to award it interest and double costs against Lumbermens under the offerof- settlement provisions found in WIS. STAT. �... More...

$0 (04-14-2009 - WI)

Dale Skrzypchack, et al. v. Paul Lloyd Jensen, M.D. and Physicians Insurance Company of Wisconsin, Inc., et al.

Dale and Doreen Skrzypchak appeal a judgment dismissing their claim against Dr. Paul Jensen in a medical malpractice action after a jury found Jensen was not negligent in treating Dale Skrzypchak. The Skrzypchaks seek a new trial, raising multiple claims of circuit court error. They also ask that we exercise our discretionary power of reversal. ¶2 Spine Care Specialists of Wisconsin, S.C.,... More...

$0 (01-21-2009 - WI)

Medical College of Wisconsin v. Karyn T. Missimer

Karyn T. Missimer appeals the order dismissing without prejudice the small claims action filed against her by the Medical College of Wisconsin (Medical College). She submits that the trial court erroneously exercised its discretion when it failed to dismiss the case with prejudice. Because the record contains no information that conclusively shows that the Medical College itself acted in an egregi... More...

$0 (02-10-2009 - WI)

American Family Mutual Insurance Company v. Anthony Warden

American Family Mutual Insurance Company (American Family) appeals an order reopening a small claims default judgment and dismissing its action, which emanated out of an automobile accident. The default judgment was entered in June 1997. American Family contends that the trial court erroneously exercised its discretion when it granted Anthony Warden's motion to reopen the judgment and dismiss the ... More...

$0 (02-10-2009 - WI)

D.L. Anderson's Lakeside Leisure Co., Inc., M. Scott Statz and Steven Statz v. Donald Anderson and Anderson Marine, LLC

¶1 This is a review of a published court of appeals decision[1] concerning breach of contract and tradename infringement claims related to a business purchase agreement. The court of appeals affirmed the jury verdict finding breach and infringement but reversed the award of compensatory and punitive damages for tradename infringement, and remanded to the circuit court with an order that the att... More...

$0 (12-02-2008 - WI)

Family and Estate of Austin Gagner v Robert Wellsandt

Family and Estate of Austin Gagner sued Robert Wellsandt, et al. on an auto negligence theory claiming that Wellsandt failed to exercise due care in the operation of a bus that he was driving and, as a direct result, the bus struck and killed Gagner, age 10, who was riding a skate board through a crosswalk. Defendants denied fault and further claimed that Austin was more negligent than th... More...

$0 (09-20-2008 - WI)

Rockwell Automation, Inc. v. National Union Fire Insurance Company of Pittsburgh, P.A. v. Travelers Indemnity Company

Following a state court trial in Missouri, a jury found Rockwell Automation, Inc. ("Rockwellâ€) liable for damages exceeding $97 million. The court also awarded post-judgment interest which eventually accrued to over $18 million. Rockwell's excess insurers, National Union Fire Insurance Company of Pittsburgh ("National Unionâ€), Federal Insurance Company ("Federalâ€), and Gulf Insur... More...

$0 (09-15-2008 - WI)