KOELE v. RADUE

No. 75-444.

81 Wis.2d 583 (1978)

260 N.W.2d 766

KOELE, and wife, Appellants, v. RADUE, as Personal Representative of Estate of Elsa A. Radue, Deceased, and others, Respondents.

Supreme Court of Wisconsin.

Decided January 3, 1978.


Attorney(s) appearing for the Case

For the appellants the cause was submitted on the briefs of Robert I. Perina, Robert D. Hoyt, and Perina & Hoyt of Madison.

For the respondents Herman C. Radue and Employers Mutual Liability Insurance Company of Wisconsin, the cause was submitted on the brief of R. Rouse and Jones, Larson, Charnholm, Anderson & Rouse of Wausau.

There was a joint brief by Leon S. Schmidt, and Schmidt, Thibodeau & Schmidt of Wisconsin Rapids, for Raymond Oestreich and State Farm Mutual Insurance Company; by John W. Kelley, and Kelley, Weber & Bolte of Wausau, for Herman C. Radue and Employers Mutual Liability Insurance Company of Wisconsin; and by Arthur L. Eberlein of Wausau, for Raymond Oestreich.


ROBERT W. HANSEN, J.

The sole issue on this appeal is whether the trial court acted properly in setting aside the jury's award of damages and granting a new trial unless the plaintiffs elected to take judgment on the reduced amounts set by the trial court.

[1-3]

Where in response to motions after verdict a trial court fully reviews the evidence as to damages and concludes that the award is or...

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