MARIUZZA v. KENOWER

No. 388.

68 Wis.2d 321 (1975)

228 N. W. 2d 702

MARIUZZA, Appellant, v. KENOWER, Individually and as Special Administratrix, and others, Respondents.

Supreme Court of Wisconsin.

Decided May 6, 1975.


Attorney(s) appearing for the Case

For the appellant there was a brief by Herbert L. Usow, S. C. of Milwaukee, and oral argument by Mr. Usow.

For the respondents Sharon Mae Kenower and Milwaukee Mutual Insurance Company there was a joint brief by Jury, Nelson & Bayorgeon of Appleton and James C. Pankratz of Sturgeon Bay, and oral argument by James Bayorgeon; for the respondents Edward Braun and United States Fidelity and Guaranty Company there was a brief by Everson, Whitney, Everson, Brehm & Pfankuch, S. C. of Green Bay, and oral argument by James Everson.


ROBERT W. HANSEN, J.

Two issues are raised by this appeal.

Combined negligences. Appellant's contention that the negligence of the tenant and landowner should have been combined for purposes of comparison with the negligence of the plaintiff fails for two reasons:

(1) The required basis for such combining does not here exist. The general rule in this state is that the comparison of negligence in a multiple-defendant case is "required...

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