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SACHSENMAIER v. MITTLESTADT

No. 87-1563.

145 Wis.2d 781 (1988)

429 N.W.2d 532

Lori SACHSENMAIER, and Joshua Robert Sachsenmaier and Jeremiah Peter Sachsenmaier, minor children, by David M. Erspamer, their guardian ad Litem, Plaintiffs-Respondents, v. Timothy H. MITTLESTADT, Defendant, and AMERICAN FAMILY INSURANCE GROUP, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 19, 1988.

Attorney(s) appearing for the Case

For defendant-appellant there were briefs and oral argument by Susan Schleif Gherty of Gherty and Dunlap, of Hudson.

For plaintiffs-respondents there was a brief and oral argument by David M. Erspamer of Erspamer Law Office, of Amery.

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

MYSE, J.

This is an appeal of a judgment apportioning seventy percent negligence to Timothy Mittlestadt and his insurance carrier, American Family Insurance Group, and awarding the Sachsenmaiers double costs pursuant to sec. 807.01(3), Stats. The case was tried to the court sitting without a jury. Mittlestadt contends that the trial court's apportionment of negligence was clearly erroneous and that the court erred by finding a letter from Sachsenmaier's counsel to...

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