TESKY v. TESKY

No. 81-1216.

110 Wis.2d 205 (1983)

327 N.W.2d 706

Kim D. TESKY, Plaintiff-Appellant-Petitioner, v. Keith A. TESKY and American Family Mutual Insurance Company, American Structural Systems, Inc., State Farm Mutual Automobile Insurance Company, and Lincoln County Department of Social Services, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided January 5, 1983.


Attorney(s) appearing for the Case

For the plaintiff-petitioner there were briefs by Glenn H. Hartley, Leonard F. Schmitt and Schmitt, Hartley, Arndorfer & Schnabel, S.C., Merrill, and oral argument by Leonard F. Schmitt.

For the American Structural Systems, Inc., and State Farm Mutual Automobile Insurance Company, there was a brief by Leon S. Schmidt, Sr., and Schmidt, Thibodeau & Schmidt, and oral argument by David L. Grace, all of Wisconsin Rapids.


Reversing and remanding 106 Wis.2d 491, 317 N.W.2d 172 (Ct. App.).

LOUIS J. CECI, J.

The issue presented is whether a plaintiff who waived a jury trial at the first trial is entitled as a matter of right to have his case be decided by a jury on retrial because a modification in the applicable law introduced a new, disputed question of fact into the case. The trial court and the court...

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