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KAUFMAN v. POSTLE

No. 00-1326.

243 Wis.2d 45 (2001)

2001 WI App 86

626 N.W.2d 10

Tammy J. KAUFMAN and Gary L. Kaufman, Plaintiffs-Respondents, LUMBERMENS MUTUAL CASUALTY COMPANY and United Health Care of Utah, Inc., Involuntary-Plaintiffs, v. Donald E. POSTLE and Tower Insurance Company, Inc., Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided March 22, 2001.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Daniel A. Enright of Wilcox, Wilcox, Enright, Hallstein, McMahon & Adler, LLC of Eau Claire.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Thomas E. Lister of Thomas E. Lister, S.C. of Black River Falls.

Before Vergeront, Roggensack, and Deininger, JJ.

¶ 1. ROGGENSACK, J.

Donald E. Postle appeals a circuit court judgment that held him liable for damages caused by his negligence. He argues that the circuit court erroneously instructed the jury that a driver may not pass on the right using any part of a road's shoulder. Because we conclude that the circuit court's instruction correctly stated the law, we affirm the judgment.

BACKGROUND

¶ 2. This appeal arises from an automobile accident...

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