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O'CONNELL v. SCHRADER

No. 87-1910.

145 Wis.2d 554 (1988)

427 N.W.2d 152

Mark E. O'CONNELL, Plaintiff-Appellant, v. Glen R. SCHRADER, West Bend Mutual Insurance Company, a domestic corporation, and State Farm Mutual Automobile Insurance Company, a foreign corporation, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided June 22, 1988.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Leonard W. Schulz of Big Bend.

On behalf of the defendants-respondents, the cause was submitted on the brief of William J. Evans of West Bend and the brief of J. Steven Tikalsky and Paul G. Bonneson of Tikalsky, Raasch & Tikalsky of Waukesha.

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

BROWN, P.J.

The plaintiff, Mark E. O'Connell, appeals from a personal injury judgment following an additur on damages due to past and future pain and suffering from $37,000 to $75,000. He argues that the evidence fails to establish contributory negligence on his part. We disagree and hold that there is sufficient credible evidence to support the jury verdict. He also argues that because the verdict violated the rule that

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