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CARLSON v. DREWS OF HALES CORNERS, INC.

No. 149.

48 Wis.2d 408 (1970)

180 N.W.2d 546

CARLSON and husband, Appellants, v. DREWS OF HALES CORNERS, INC., Respondent.

Supreme Court of Wisconsin.

Decided November 3, 1970.

Attorney(s) appearing for the Case

For the appellants there were briefs by Warshafsky, Rotter & Tarnoff, attorneys, and Ted M. Warshafsky and Michael I. Tarnoff of counsel, all of Milwaukee, and oral argument by Michael I. Tarnoff.

For the respondent there was a brief by Kivett & Kasdorf, attorneys, and Kenton E. Kilmer of counsel, all of Milwaukee, and oral argument by Mr. Kilmer.

HEFFERNAN, J.

On this appeal plaintiffs reiterate only a few of the grounds asserted in motions after verdict. They claim that the jury's assessment of 50 percent of the negligence to the plaintiff Eileen Carlson was grossly disproportionate in light of the evidence, and that the instructions were erroneous inasmuch as they omitted reference to the evidence tending to show plaintiff's attention had been diverted by a display of merchandise that was designed and calculated...

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