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KUZMIC v. KREUTZMANN

No. 80-428.

100 Wis.2d 48 (1980)

301 N.W.2d 266

Nancy R. KUZMIC and Michael Kuzmic, Plaintiffs-Appellants, v. Sylvia J. KREUTZMANN and The Home Insurance Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided December 22, 1980.

Attorney(s) appearing for the Case

For the plaintiffs-appellants there was a brief by Schellinger & Doyle, S.C., of Milwaukee. James A. Baxter of counsel.

For the defendants-respondents there was a brief by Piette, Knoll & Nelson of Milwaukee.

Before Voss, P.J., Brown and Scott, J.J.

BROWN, J.

Does an attorney's concession during closing arguments that the client was negligent constitute an admission requiring the trial court to answer "yes" to the special verdict question on that party's negligence? The trial court ruled it was a binding admission and answered that part of the negligence question for the jury. We do not agree.

This is an action for personal injuries resulting from an automobile accident. The two parties collided on a...

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