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DAVIS v. ALLSTATE INS. CO.

No. 306.

55 Wis.2d 56 (1972)

197 N.W.2d 734

DAVIS, Appellant, v. ALLSTATE INSURANCE COMPANY and another, Respondents.

Supreme Court of Wisconsin.

Decided June 6, 1972.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by S. A. Schapiro of Milwaukee.

For the respondents there was a brief by Kivett & Kasdorf, attorneys, and Keith I. Johnston of counsel, all of Milwaukee, and oral argument by Mr. Johnston.

BEILFUSS, J.

The plaintiff-appellant makes two principal contentions in this appeal, to wit: (1) The damage award as to past pain, suffering and disability is inadequate and that he is entitled to a new trial on damages or an additur; and (2) that the apportionment of negligence is not adequately supported by the evidence and that this court should fix the apportionment with an option for a new trial.

We have said many times that an award of damages for pain...

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