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ENGSTROM v. DEWITZ

18 Wis.2d 421 (1963)

ENGSTROM, by GUARDIAN ad litem, Appellant, v. DEWITZ and another, Respondents.

Supreme Court of Wisconsin.

January 8, 1963.

Attorney(s) appearing for the Case

For the appellant there was a brief by Robert R. Gavic of Spring Valley, and C. L. Gaylord of River Falls, and oral argument by Mr. Gavic.

For the respondents there was a brief by Gwin & Fetzner of Hudson, and oral argument by John W. Fetzner.

FAIRCHILD, J.

At the trial, in November, 1961, it appeared that Marion had an abnormality of the eighth dorsal vertebra, with a free fragment of bone. There was expert testimony that this abnormality would produce pain, and was permanent. The jury must have included this condition in its award. The circuit court set the verdict aside because it concluded that there was no proof that the accident caused the condition.

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