WILMOT v. RACINE COUNTRY

No. 84-1753.

128 Wis.2d 138 (1985)

382 N.W.2d 442

Donald WILMOT, Plaintiff-Respondent and Cross-Appellant, v. RACINE COUNTY, Defendant-Appellant, The TOWN OF CALEDONIA, Wausau Mutual Insurance Company, domestic insurance corporation, Harvey Shebesta and John White, Defendants-Respondents and Cross-Respondents, MILWAUKEE AREA TRUCK DRIVER'S HEALTH & WELFARE FUND & EXPRESS TRUST, Defendants-Respondents, Harold M. MOKRY, Defendant.

Court of Appeals of Wisconsin.

Decided December 4, 1985.


Attorney(s) appearing for the Case

For the plaintiff-respondent and cross-appellant the cause was submitted on the briefs of Robert E. Hankel of Schoone, Mc Manus, Hankel, Ware & Fortune, S.C., of Racine.

For the defendant-appellant the cause was submitted on the briefs of Mark Janiuk, of Racine.

For the defendants-respondents and cross-respondents Town of Caledonia and Wausau Mutual Insurance Company the cause was submitted on the briefs of Law Offices of Straub & Schuch, with Gregg T. Heidenreich of counsel, of Milwaukee.

For the defendants-respondents and cross-respondents Harvey Shebesta and John White the cause was submitted on the briefs of Bronson C. La Follette, attorney general, with Richard J. Boyd, assistant attorney general of counsel, of Madison. For the defendant-respondent the cause was submitted on the briefs of Goldberg, Previant, Uelmen, Gratz, Miller & Brueggeman, S.C. by Daniel E. Goldberg and Hope K. Olson, of Milwaukee.

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


MOSER, P.J.

Racine County (the County) appeals from a judgment affirming a jury verdict in favor of Donald Wilmot (Wilmot). Wilmot cross-appeals the jury's finding of no negligence on the part of the Town of Caledonia (the Town), Harvey Shebesta (Shebesta), and John White (White). Because the jury's verdict was sustained by the evidence, because the trial court properly instructed the jury, and because the trial court did not err in ruling that both Wilmot and his...

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