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MACHEREY v. HOME INS. CO.

No. 92-0485.

184 Wis.2d 1 (1994)

516 N.W.2d 434

Mark MACHEREY, Plaintiff-Co-Appellant, v. HOME INSURANCE COMPANY, Defendant-Respondent, Alexander FIGUEROA, Defendant-Appellant, WISCONSIN HEALTH ORGANIZATION INSURANCE CORPORATION, Defendant.

Court of Appeals of Wisconsin.

Decided April 5, 1994.

Attorney(s) appearing for the Case

For the plaintiff-co-appellant the cause was submitted on the briefs of Bode, Gross & Carroll, S.C. with John Theiller Bode and Jeffrey J. Ek of Waukesha.

For the defendant-appellant the cause was submitted on the briefs of Edwin C. Rachow of Elm Grove.

For the defendant-respondent the cause was submitted on the briefs of Piette & Jacobson, S.C. with Ronald L. Piette and Therese M. Lyons of Milwaukee.

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

SCHUDSON, J.

Mark Macherey and Alexander Figueroa appeal from a judgment of the trial court granting Home Insurance Company's motion for a directed verdict. We conclude that the trial court erred in granting Home's motion for a directed verdict. We also conclude, however, that the trial court properly granted Home's alternative motion for a new trial, based on the weight of the evidence, pursuant to § 805.15(1), STATS. Further, we conclude that Home waived its...

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