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TOELLER v. MUTUAL SERV. CASUALTY INS. CO.

No. 82-2019.

115 Wis.2d 631 (1983)

340 N.W.2d 923

Ronald J. TOELLER, a minor by Gerald J. Bloch, his Guardian ad Litem, Richard Toeller and Susan Toeller, Plaintiffs-Respondents and Cross-Respondents. v. MUTUAL SERVICE CASUALTY INSURANCE Co., Suburban Services, Inc., and Steven Kuchenbach, Defendants and Third-Party Plaintiffs-Appellants, and Cross-Respondents, Robert K. STUEDEMANN and Rudolph Stuedemann Trucking and Employers Mutual Liability Insurance Company of Wisconsin, Third-Party Defendants-Respondents and Cross-Appellants.

Court of Appeals of Wisconsin.

Decided October 25, 1983.

Attorney(s) appearing for the Case

For the defendants and third-party plaintiffs-appellants and cross-respondents the cause was submitted on the briefs of Borgelt, Powell, Peterson & Frauen, S.C., with Kurt H. Frauen and Deborah K. Scheid of counsel, of Milwaukee.

For the third-party defendants-respondents and cross-appellants the cause was submitted on the briefs of Riordan, Crivello, Carlson, Mentkowski & Henderson, with Daniel R. Riordan of counsel, of Milwaukee.

For the plaintiffs-respondents and cross-respondents the cause was submitted on the briefs of Phillips, Bloch & Donohue, S.C., with Gerald J. Bloch, Peter M. Donohue, and Barry M. Cymerman of counsel, of Milwaukee.

Before Wedemeyer, P.J., Decker and Moser, JJ.

DECKER, J.

Steven Kuchenbach, Mutual Service Casualty Insurance Co., and Suburban Services, Inc., (appellants) appeal from a judgment upholding a jury's determination that Kuchenbach was 93% causally negligent for injuries suffered by Ronald Toeller. The appellants argue that Kuchenbach should not be held liable for Toeller's injuries because Kuchenbach's actions did not create a probability of harm, were not a substantial factor in producing the accident, and were...

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