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THOMAS v. BICKLER

No. 01-2006.

258 Wis.2d 304 (2002)

2002 WI App 268

654 N.W.2d 248

Lesley THOMAS, n/k/a Lesley Coulter, Plaintiff-Appellant, v. Michael J. BICKLER, General Casualty Company of Wisconsin, Valley Forge Insurance Company, Defendants-Third-Party Plaintiffs, OCONOMOWOC LAKE CLUB, Defendant-Third-Party Plaintiff-Respondent, PRIMECARE HEALTH PLAN, INC., Defendant, v. BARTOLOTTA FIREWORKS COMPANY, General Star Indemnity Company, Third-Party Defendants-Respondents, VILLAGE OF OCONOMOWOC LAKE, Wausau Underwriters Insurance Company, Third-Party Defendants. Melissa SCHMIDT, Plaintiff, HUMANA EMPLOYERS HEALTH INSURANCE CO., Involuntary-Plaintiff, v. Michael J. BICKLER, General Casualty Company of Wisconsin, Oconomowoc Lake Club, Defendants, VALLEY FORGE INSURANCE COMPANY, Defendant-Third-Party Plaintiff, v. BARTOLOTTA FIREWORKS COMPANY, General Star Indemnity Company, Village of Oconomowoc Lake, Wausau Underwriters Insurance Company, Third-Party Defendants.

Court of Appeals of Wisconsin.

Decided October 1, 2002.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of James J. Murphy and Keith R. Stachowiak of Murphy, Gillick, Wicht & Prachthauser, of Milwaukee.

On behalf of the defendant-third-party plaintiff-respondent Oconomowoc Lake Club and third-party defendant respondent Bartolotta Fireworks Company, the cause was submitted on the joint brief of Kevin A. Christensen of Leib & Katt, S.C., of Milwaukee, for Oconomowoc Lake Club, and Phillip C. Theesfeld, of Baxter & O'Meara, S.C., of Milwaukee, for Bartolotta Fireworks Company.

Amicus Curiae brief was filed by Mark L. Thomsen of Cannon & Dunphy, S.C., of Brookfield, for the Wisconsin Academy of Trial Lawyers.

Before Fine, Schudson and Curley, JJ.

¶ 1. SCHUDSON, J.

Lesley Thomas (n/k/a Lesley Coulter) appeals from the circuit court judgment, following a jury trial in her negligence action. She contends that the circuit court erred in concluding that Oconomowoc Lake Club and Bartolotta Fireworks Company were not jointly and severally liable for her damages. She argues that because she was free of any negligence, the 1995 amendment to the comparative negligence statute, WIS. STAT. § 895.045(1)

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