ELLSWORTH v. SCHELBROCK

No. 98-0294.

229 Wis.2d 542 (1999)

600 N.W.2d 247

Hope J. ELLSWORTH, and Adam John Ellsworth, David Michael Gibson, Jr., and Lewis Jadwin Asfeld, minors, by their Guardian ad Litem, Timothy J. O'Brien, Plaintiffs-Respondents-Cross-Appellants, DUNN COUNTY DEPARTMENT OF HUMAN SERVICES, Plaintiff-Respondent, v. Mark A. SCHELBROCK, Defendant-Appellant, MSI INSURANCE COMPANY, Defendant-Third-Party Plaintiff-Co-Appellant, GENERAL MOTORS CORPORATION, Defendant-Third-Party Defendant-Respondent-Cross-Respondent, ABC INSURANCE COMPANY, Third-Party Defendant.

Court of Appeals of Wisconsin.

Decided July 27, 1999.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of James A. Pelish and Joe Thrasher of Thrasher, Doyle, Pelish & Franti, Ltd. of Rice Lake.

On behalf of the defendant-third-party plaintiff-co-appellant, the cause was submitted on the brief of Emile H. Banks, Jr., and John K. Garofani of Kasdorf, Lewis & Swietlik, S.C. of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James A. Drill and Brian H. Sande of Doar, Drill & Skow, S.C. of New Richmond.

On behalf of the defendant-third-party defendant-respondent-cross-respondent the cause was submitted on the brief of Marlene A. Yoder, David R. Kelly and Steven L. Reitenour of Bowman and Brooke LLP of Minneapolis, Minnesota.

Before Cane, C.J., Myse, P.J., and Hoover, J.


MYSE, P.J.

Mark Schelbrock and MSI Insurance appeal a judgment awarding damages and costs to plaintiffs and further dismissing MSI's third-party complaint and awarding costs to General Motors Corporation and its insurer.1 Schelbrock first contends that the trial court erred by inserting into the special verdict an amount for past medical expenses based upon Ellsworth's expert witness's uncontested testimony of the reasonable and customary...

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