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MCGUIRE v. STEIN'S GIFT & GARDEN CENTER

No. 92-2588.

178 Wis.2d 379 (1993)

504 N.W.2d 385

Mildred L. McGUIRE, Plaintiff-Appellant, v. STEIN'S GIFT & GARDEN CENTER, INC., Continental Insurance Company, David Morrell and American Family Mutual Insurance Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided July 21, 1993.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of James P. Brennan of Brennan & Collins of Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of Mark D. Koss of Milwaukee for David Morrell and American Family Mutual Insurance Company and Lisa L. Ash of Borgelt, Powell, Peterson & Frauen, S.C. of Milwaukee for Stein's Gift & Garden Center, Inc. and Continental Insurance Company.

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

NETTESHEIM, P.J.

Mildred L. McGuire sued Stein's Gift & Garden Center, Inc. (Stein's) and David Morrell, alleging that their combined negligence caused the injuries she received when a shopping cart fell against her and knocked her to the ground at Stein's Waukesha store. The trial court dismissed McGuire's complaint after the jury found that neither Stein's nor David was negligent.

On appeal, McGuire asserts that the trial court erred by refusing to instruct...

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