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WUORINEN v. STATE FARM MUT. AUTO. INS. CO.,

Nos. 159-161.

56 Wis.2d 44 (1972)

201 N.W.2d 521

WUORINEN, General Guardian, and others, Plaintiffs and Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and others, Defendants and Appellants: STATE, Intervening Defendant and Respondent. FELICE, Plaintiff and Appellant, v. SEMENOK and another, Defendants and Appellants: STATE, Intervening Defendant and Respondent. KROENING, by Guardian ad litem, and another, Plaintiffs and Appellants, v. HERITAGE MUTUAL INSURANCE COMPANY and others, Defendants and Appellants: STATE, Intervening Defendant and Respondent.

Supreme Court of Wisconsin.

Decided October 31, 1972.

Attorney(s) appearing for the Case

For the plaintiffs-appellants in Case No. 159 there were briefs by Warshafsky, Rotter & Tarnoff, attorneys, and Merton N. Rotter of counsel, all of Milwaukee, and oral argument by Merton N. Rotter.

For the plaintiff-appellant in Case No. 160 there were briefs by Habush, Gillick, Habush, Davis & Murphy, attorneys, and Howard A. Davis of counsel, and oral argument by Merton N. Rotter, all of Milwaukee.

For the plaintiffs-appellants in Case No. 161 there were briefs by Anthony J. Dentici and oral argument by Merton N. Rotter, both of Milwaukee.

For the defendants-appellants in Cases No. 159 and 160 there were briefs by Schoone, McManus & Hanson, S.C., attorneys, and Adrian P. Schoone of counsel, all of Racine, and oral argument by Adrian P. Schoone.

For the defendant-appellant Heritage Mutual Insurance Company in Case No. 161 the cause was submitted on the briefs of Brown, Black, Riegelman & Kreul, attorneys, and Richard J. Kreul of counsel, all of Racine.

For the respondent in Cases No. 159, 160 and 161 the cause was argued by Theodore L. Priebe, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

BEILFUSS, J.

The determinative issue is whether there was any credible evidence which would support a jury verdict that the defendant Semenok was acting in goodfaith performance of his military duty and in pursuance thereof as a member of the Wisconsin National Guard at the time of the accident.

In this case the evidence must be viewed in a light most favorable to the plaintiffs and principal defendants because the verdict was directed against them.

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