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TURTENWALD v. AETNA CASUALTY & SURETY CO.

No. 176.

55 Wis.2d 659 (1972)

201 N.W.2d 1

TURTENWALD, Respondent, v. AETNA CASUALTY & SURETY COMPANY and others, Appellants.

Supreme Court of Wisconsin.

Decided October 3, 1972.

Attorney(s) appearing for the Case

For the appellants there was a brief by Borgelt, Powell, Peterson & Frauen, attorneys, and Donald R. Peterson of counsel, all of Milwaukee, and oral argument by Donald R. Peterson.

For the respondent there was a brief by Merten, Connell & Sisolak, attorneys, and James G. Sisolak of counsel, all of Milwaukee, and oral argument by James G. Sisolak.

BEILFUSS, J.

Although not stated precisely in this manner by the parties, the issues are:

1. Was it error to give a res ipsa loquitur instruction to the jury?

2. Was it error to strike the testimony of a witness recalled after he said his memory was refreshed?

3. Are the damages excessive?

The following conditions must be present before the doctrine of res ipsa loquitur is applicable: (1) The event or accident in question...

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