PEIL v. KOHNKE

Nos. 201-204.

50 Wis.2d 168 (1971)

184 N.W.2d 433

PEIL, by Guardian ad litem, Plaintiff and Respondent, v. KOHNKE, Defendant: BADGER STATE MUTUAL CASUALTY COMPANY, Defendant and Appellant: GENERAL CASUALTY COMPANY OF WISCONSIN, Defendant and Respondent. MELCHER and another, Plaintiffs and Respondents, v. GENERAL CASUALTY COMPANY OF WISCONSIN and another, Defendants and Appellants: KOHNKE, Defendant. PEIL, Plaintiff and Respondent, v. GENERAL CASUALTY COMPANY OF WISCONSIN, Defendant and Respondent: KOHNKE, Third-party Defendant: BADGER STATE MUTUAL CASUALTY COMPANY, Third-party Defendant and Appellant. KOHNKE, Plaintiff and Respondent, v. GENERAL CASUALTY COMPANY OF WISCONSIN, Defendant and Appellant: BADGER STATE MUTUAL CASUALTY COMPANY, Third-party Defendant and Respondent, and Crossappellant.

Supreme Court of Wisconsin.

Decided March 2, 1971.


Attorney(s) appearing for the Case

For the defendant-appellant General Casualty Company there were briefs by deVries, Vlasak & Schallert of Milwaukee, and oral argument by Stephen C. deVries.

For the plaintiff-respondent Suzanne Felde Peil there was a brief by Habush, Gillick, Habush, Davis & Murphy of Milwaukee, and oral argument by James J. Murphy.

For the defendant-respondent Frank E. Kohnke there was a brief on cross appeal of Badger State Mutual Casualty Company by Peregrine, Marcuvitz, Cameron, Braun & Peltin, attorneys, and Edward R. Cameron of counsel, all of Milwaukee, and oral argument by Hugh R. Braun.

For the defendant-respondent and cross appellant Badger State Mutual Casualty Company there was a brief by Wickham, Borgelt, Skogstad & Powell, attorneys, and Kurt H. Frauen of counsel, all of Milwaukee, and oral argument by Mr. Frauen.

For the plaintiffs-respondents Larry W. Melcher and Kathleen Star Darga there was a brief and oral argument by Alvin L. Zelonky of Milwaukee.

For the defendant-respondent General Casualty Company of Wisconsin on the issue of coverage there was a brief by deVries, Vlasak & Schallert, and oral argument by Michael B. Rick, all of Milwaukee.


WILKIE, J.

The issues involved on these appeals from the judgments entered following this fifty-four-day jury trial naturally divide themselves, as does the opinion, into three subjects: liability, damages and coverage. We will consider them in that order.

I. Liability

The issues presented on the liability phase of this collection of cases are as follows:

1. Did the expert witness, Professor James Van Vleet, presented by Badger State give...

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