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AMERICAN FAMILY MUT. INS. CO. v. DOBRZYNSKI

No. 76-538.

88 Wis.2d 617 (1979)

277 N.W.2d 749

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. DOBRZYNSKI, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided May 1, 1979.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Dennis K. Sage, Godsell, Weber, Bruch, Rick & Sage, S.C., of Hales Corners.

For the respondent the cause was submitted on the brief of William H. Vettel of Wauwatosa.

BEILFUSS, C. J.

The primary issue is whether the plaintiff presented sufficient evidence to permit an inference of negligence on the part of the defendant under the doctrine of res ipsa loquitur. We believe there was sufficient evidence to permit the inference and reverse the judgment.

The incident giving rise to the action occurred on July 12, 1973 at about 2:15 a.m., in Cudahy, Wisconsin.

Gayle Clemens...

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