TAFT v. DERRICKS

No. 99-1485.

235 Wis.2d 22 (2000)

2000 WI App 103

613 N.W.2d 190

Sharon Louise TAFT, Plaintiff-Respondent, v. Doane DERRICKS and American Family Mutual Insurance Company, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided April 4, 2000.


Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Lorrie J. Franson and American Family Insurance Company of Eau Claire and Terrence M. Gherty and Gherty & Gherty, S.C. of Hudson.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Charles A. Bird and Bird & Jacobsen and Robert B. Spelhaug and Heuel, Carlson & Spelhaug of Rochester, Minnesota.

On behalf of appellants, there were nonparty briefs of David J. Pliner and Corneille Law Group, L.L.C., and H. Dale Peterson and Stroud, Willink & Howard, L.L.C. of Madison.

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


¶ 1. HOOVER, P.J.

Doane Derricks1 appeals a judgment entered on a jury verdict finding him fifty-five percent at fault for injuries Sharon Taft sustained while in Derricks's employ. Taft fell from a stack of hay bales through a chute to the floor of Derricks's barn. Derricks contends that the trial court erred by instructing the jury to find him negligent if he violated the general duty clause of the Occupational, Safety and Health...

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