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MIKAELIAN v. WOYAK

No. 83-2385.

121 Wis.2d 581 (1984)

360 N.W.2d 706

Matthew MIKAELIAN, individually and as Special Administrator of the Estate of Seta Mikaelian, Antranig Mikaelian, individually and as Special Administrator of the Estate of Senekerim Ekizian, Sara Mikaelian, Rosa Ekizian, Vache Mikaelian, Aram Mikaelian, a minor, Hrach Mikaelian, a minor, the aforesaid minors by Adrian P. Schoone, their Guardian ad Litem, and Alicia Mikaelian, Plaintiffs-Appellants and Cross-Respondents, v. Paul P. WOYAK, James A. Woyak, Alfred P. Woyak, and Nancy A. Woyak, Defendants-Respondents and Cross-Appellants, Robert BARATKI, and United Pacific Insurance Company, a foreign insurance company, Defendants-Respondents, AETNA LIFE INSURANCE COMPANY, a foreign insurance company, Equitable Life Assurance Society of the United States, a foreign insurance Company, and Metropolitan Life Insurance Company, a foreign insurance company, Defendants.

Court of Appeals of Wisconsin.

Decided November 21, 1984.

Attorney(s) appearing for the Case

For the plaintiffs-appellants and cross-respondents, the cause was submitted on the briefs of Adrian P. Schoone, Robert E. Hankel and Virginia M. Antoine of Schoone, McManus, Hankel, Ware & Fortune, S.C., of Racine.

For the defendants-respondents, the cause was submitted on the brief of Lynn R. Laufenberg of Frisch, Dudek and Slattery, Ltd., of Milwaukee.

For the defendants-respondents and cross-appellants, the cause was submitted on the briefs of L. William Staudenmaier and Bruce A. Olson of Cook & Franke, S.C., of Milwaukee.

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

BROWN, P.J.

In this automobile accident case, the plaintiffs alleged that a passenger in one of the automobiles was actively negligent and should be held at least partially responsible. The jury found the passenger not negligent, and the plaintiffs appeal claiming first, that a co-defendant's statement, withheld from the plaintiffs during trial, would have provided material evidence of the passenger's negligence such that the jury's decision would probably have been...

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