STRAIT v. CRARY

No. 92-0198.

173 Wis.2d 377 (1992)

David R. STRAIT, Montie Strait, Shirley A. Strait, Richland Center Foundry Company, and Wisconsin Mutual Insurance Co., Plaintiffs-Appellants, v. Terry CRARY, General Casualty Company of Wisconsin, and American Family Mutual Insurance Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided December 17, 1992.


Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of William H. Rudolph of Rudolph Law Office of Hillsboro.

For the defendants-respondents the cause was submitted on the brief of Michael W. Gill of Hale, Skemp, Hanson & Skemp of La Crosse.

Before Eich, C.J., Dykman and Sundby, JJ.


EICH, C.J.,

David Strait, a minor at the time of the events leading up to this action, appeals from a judgment dismissing his personal injury claims against Terry Crary after the jury found him sixty-one percent negligent with respect to the incident upon which the action was based.

While Strait raises several issues on the appeal, we consider one to be dispositive: whether the trial court erred in refusing to instruct the jury on the "special" standard of...

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