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JAMES v. HEINTZ

No. 91-0829.

165 Wis.2d 572 (1991)

478 N.W.2d 31

Michael S. JAMES, Plaintiff-Appellant v. David A. HEINTZ, Butterfield Trucking Company and Aetna Casualty & Surety Company, Defendants-Respondents MILWAUKEE COUNTY MEDICAL COMPLEX and Construction Worker's Health Fund, Defendants

Court of Appeals of Wisconsin.

Decided November 12, 1991.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of James M. Ryan of Kasdorf, Lewis & Swietlik, S.C. of Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the briefs of Joseph Berger of the Law Offices of John v. Spindler of Brookfield.

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

FINE, J.

Michael S. James brought this action to recover damages he claims he suffered as a result of an accident between an automobile he was driving and a truck owned by Butterfield Trucking Company and driven by David A. Heintz. The trial court directed a verdict against James at the end of his case-in-chief, and entered judgment dismissing James' complaint.1 We reverse.

I.

It was dark when, at 6 p.m. on November 25...

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