WESTER v. BRUGGINK

No. 93-0601.

190 Wis.2d 308 (1994)

527 N.W.2d 373

Dean P. WESTER, Plaintiff-Respondent-Appellant-Cross Respondent, v. Dawn C. BRUGGINK, Defendant-Respondent-Cross Appellant, Wayne L. BRUGGINK and American Family Mutual Insurance Company, Defendants-Respondents, HERITAGE MUTUAL INSURANCE COMPANY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 21, 1994.


Attorney(s) appearing for the Case

On behalf of the plaintiff-respondent-appellant-cross respondent, Dean P. Wester, and defendant-appellant, Heritage Mutual Insurance Company, the cause was submitted on the briefs of Richard Hahn of Holden & Hahn of Sheboygan.

On behalf of the defendant-respondent-cross appellant, Dawn C. Bruggink, the cause was submitted on the briefs of James O. Conway of Olsen, Kloet, Gunderson & Conway of Sheboygan.

On behalf of the defendants-respondents, Dawn C. Bruggink and American Family Mutual Insurance Company, the cause was submitted on the brief of David R. Hull of Appleton.

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


BROWN, J.

In this automobile accident case, the primary issue regarding liability was which party, Dawn C. Bruggink or Dean P. Wester, crossed the center line causing a head-on collision. The investigating police officer gave his opinion that the point of impact was in the Bruggink lane. The main issue on appeal is whether the officer's opinion testimony about point of impact was properly admitted either as lay or expert opinion testimony. We hold that the officer...

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