GARCEAU v. BUNNEL

No. 88-0419.

148 Wis.2d 146 (1988)

434 N.W.2d 794

Rose M. GARCEAU, Plaintiff-Appellant, Robert YANDA, and Shawano Co. Dept. of Social Services, Plaintiffs, v. Verryl BUNNEL, and Milwaukee Guardian Insurance, Inc., Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided December 6, 1988.


Attorney(s) appearing for the Case

For appellant there were briefs filed by Robert J. Reinertson of Trembath, Hess & Daubert, S.C., of Wausau.

For defendants-respondents there was a brief filed by Mark A. Klinner of Terwilliger, Wakeen, Piehler & Conway, S.C., of Wausau.

Before Cane, P.J., LaRocque and Myse, JJ.


CANE, P.J.

Rose Garceau appeals a judgment affirming a verdict that found Verryl Bunnell not negligent in an accident involving both parties. Garceau seeks a new trial on liability and damages. The issue on appeal is whether the trial court erred when it submitted an emergency jury instruction and an instruction requiring Garceau to mitigate her damages by obtaining vocational retraining. Because the trial court erroneously concluded that an emergency situation existed...

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