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HOLZEM v. MUELLER

No. 7.

54 Wis.2d 388 (1972)

195 N.W.2d 635

HOLZEM, personally and as Administrator of the estate of Kelly Holzem, deceased, and wife, Appellants, v. MUELLER by Guardian ad litem, and another, Respondents.

Supreme Court of Wisconsin.

Decided March 28, 1972.

Attorney(s) appearing for the Case

For the appellants there were briefs and oral argument by Jerome A. Maeder of Wausau.

For the respondents there was a brief by Tinkham, Smith, Bliss & Patterson of Wausau, and oral argument by John E. Bliss.

HEFFERNAN, J.

We cannot conclude, as a matter of law, that Mueller's negligence was greater than Kelly Holzem's. Testimony showed that both parties were negligent. The question is therefore one of apportionment. We have stated:

". . . we must judge the jury verdict in the light of the familiar rules that (1) a jury verdict will not be upset if there is any credible evidence which under any reasonable view fairly admits of an inference supporting the findings...

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