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LEAHY v. KENOSHA MEMORIAL HOSPITAL

No. 83-834.

118 Wis.2d 441 (1984)

348 N.W.2d 607

Edward P. LEAHY, a minor, by C. James Heft, his Guardian ad Litem, Plaintiff-Respondent, v. KENOSHA MEMORIAL HOSPITAL and St. Paul Fire & Marine Insurance Company, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided March 27, 1984.

Attorney(s) appearing for the Case

For the defendants-appellants, the cause was submitted on the briefs of Richard J. Palmersheim of Milwaukee and Douglas J. Carroll of Arnold, Murray, O'Neill & Schimmel of Milwaukee of counsel.

For the plaintiff-respondent, the cause was submitted on the brief of C. James Heft of Heft, Dye, Heft & Paulson of Racine.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

NETTESHEIM, J.

Kenosha Memorial Hospital and its insurer, St. Paul Fire and Marine Insurance Company, appeal from a judgment entered against them in the total amount of $1,260,021.98 resulting from a jury verdict assessing seventy percent of the causal negligence against the hospital.1 We conclude that, over a proper objection, the trial court erroneously gave a negligence per se instruction, which was prejudicial. We, therefore, reverse...

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