LUKOWSKI v. DANKERT

No. 92-2369.

178 Wis.2d 110 (1993)

503 N.W.2d 15

Kathy LUKOWSKI, Plaintiff-Respondent, v. Frank DANKERT, Transamerica Insurance Company, Karl's Rental Service, ABC Insurance Company, and United Wisconsin Proservices, Defendants, GENERAL CASUALTY COMPANY OF WISCONSIN, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided June 29, 1993.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Stuart B. Eiche of Stuart B. Eiche, S.C., of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the briefs of Gerald R. Turner of Gerald R. Turner & Associates, S.C., of Milwaukee.

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


FINE, J.

General Casualty Company appeals from that portion of the trial court's judgment that overturned an arbitration panel's determination that Kathy Lukowski was negligent in not wearing a seat belt and that this contributed to forty-percent of her injuries. We reverse.

I.

The essential facts pertinent to this appeal are undisputed. Lukowski was a passenger in a pickup truck being driven by Frank Dankert when, as the result of a one-vehicle...

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