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MERZ v. OLD REPUBLIC INS. CO.

No. 178.

53 Wis.2d 47 (1971)

191 N.W.2d 876

MERZ, Plaintiff and Respondent, v. OLD REPUBLIC INSURANCE COMPANY and another, Defendants and Third-Party Plaintiffs and Appellants: SEARS, ROEBUCK & COMPANY, Third-Party Defendant and Respondent.

Supreme Court of Wisconsin.

Decided November 30, 1971.

Attorney(s) appearing for the Case

For the third-party plaintiffs-appellants there was a brief by Edward P. Rudolph and Rudolph & Moore, all of Milwaukee, and oral argument by Edward P. Rudolph.

For the plaintiff-respondent there was a brief by Robert D. Jones and Charles M. Hanratty, attorneys, and Robert L. Wilkins of counsel, all of Milwaukee, and oral argument by Mr. Hanratty.

For the third-party defendant-respondent there was a brief by Walther & Halling, attorneys, and David B. Halling of counsel, all of Milwaukee, and oral argument by David B. Halling.

WILKIE, J.

Several questions are presented in this appeal:

1. Is the jury's verdict exonerating plaintiff of any negligence supported by any credible evidence?

2. Was the jury's award of damages for future pain and suffering excessive?

3. Should the collateral-source rule be modified when Medicare payments are involved?

4. Was it prejudicial error to allow an attorney representing the third-party defendant to testify and impeach a witness...

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