HOLBACH v. CLASSIFIED INS. CORP.

No. 88-2249.

155 Wis.2d 412 (1990)

455 N.W.2d 260

Kil I. HOLBACH, and Gerald Holbach, Plaintiffs-Respondents, v. CLASSIFIED INSURANCE CORPORATION, and Nancy Klein, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided March 21, 1990.


Attorney(s) appearing for the Case

On behalf of the defendants-appellants the cause was submitted on the brief of James P. Brennan, Esq. of Brennan & Collins of Milwaukee.

On behalf of the plaintiffs-respondents the cause was submitted on the briefs of S.A. Schapiro of Milwaukee.

An amicus curiae brief was submitted by John A. Birdsall of Borgelt, Powell, Peterson & Frauen, S.C. of Milwaukee on behalf of the Civil Trial Counsel of Wisconsin.

An amicus curiae brief was submitted by Madeleine E. Kelly of Reinhart, Boerner, Van Dueren, Norris & Rieselbach, S.C. of Milwaukee.

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


NETTESHEIM, J.

Nancy Klein and her insurer, Classified Insurance Corporation, appeal from a judgment awarding Kil Holbach $79,268 for damages suffered as a result of an automobile collision. Classified had asserted a seat belt defense at trial, but in the absence of expert testimony on this defense, the trial court struck the jury's determination that 50% of Holbach's injuries were caused by her failure to wear a seat belt. Classified contends that the court's ruling...

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