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NORDEEN v. HAMMERLUND

No. 85-0767.

132 Wis.2d 164 (1986)

389 N.W.2d 878

Oscar NORDEEN, Plaintiff-Appellant, v. William R. HAMMERLUND, d/b/a Hammerlund Builders, and Ohio Casualty Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided May 20, 1986.

Attorney(s) appearing for the Case

For the appellant Oscar Nordeen there were briefs by David M. Erspamer of Amery.

Brief amicus curiae of The Wisconsin Academy of Trial Lawyers by Virginia M. Antoine of Habush, Habush & Davis, S.C.

For respondents William R. Hammerlund, d/b/a Hammerlund Builders, and Ohio Casualty Company, there was a brief by Douglas M. Johnson and Beverly Wickstrom of Garvey, Anderson, Kelley & Ryberg, S.C.

Before Cane, P.J., Dean and LaRocque, JJ.

LAROCQUE, J.

Oscar Nordeen, injured while visiting a construction site, appeals a verdict and judgment exonerating the contractor, William Hammerlund, of negligence. The issues are whether the jury should have been advised that Hammerlund's violation of a safety rule was negligence per se and whether the trial court's refusal to advise the jury of the effect of its verdict was error. Because Hammerlund's failure to guard a floor opening with either railings or a cover...

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