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STEHLIK v. RHOADS

No. 99-3326.

253 Wis.2d 477 (2002)

2002 WI 73

645 N.W.2d 889

Charles STEHLIK and Barbara Stehlik, Plaintiffs-Appellants, KIMBERLY CLARK CORPORATION and Medicare Part A and Part B, Involuntary-Plaintiffs, v. Paul RHOADS, Jill Rhoads, American Standard Insurance Company of Wisconsin and Wilson Mutual Insurance Company, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided June 26, 2002.

Attorney(s) appearing for the Case

For the plaintiffs-appellants there were briefs by Douglas B. Keberle and Keberle & Patrykus LLP, West Bend, and Owen Thomas Armstrong, Jr. and Quarles & Brady LLP, Milwaukee, and oral argument by Douglas B. Keberle and Owen Thomas Armstrong, Jr.

For the defendants-respondents, Paul and Jill Rhoads and American Standard Insurance Company of Wisconsin, there was a brief by John U. Schmid, Laurie E. Meyer, Paul F. Graves and Borgelt, Powell, Peterson & Frauen, S.C., Milwaukee, and oral argument by Laurie E. Meyer.

For the defendants-respondents, Paul and Jill Rhoads and Wilson Mutual Insurance Company, there was a brief by Joseph J. Voelkner, James O. Conway and Olson, Kloet, Gunderson & Conway, Sheboygan, and oral argument by James O. Conway.

An amicus curiae brief was filed by Werner Erich Scherr and Peterson, Johnson & Murray, S.C., Milwaukee, on behalf of Civil Trial Counsel of Wisconsin.

An amicus curiae brief was filed by Lynn R. Laufenberg and Laufenberg Law Offices, S.C., Milwaukee, on behalf of the Wisconsin Academy of Trial Lawyers.

¶ 1. DIANE S. SYKES, J.

This case involves an all-terrain vehicle (ATV) accident and presents the issue of the availability and effect of the so-called "helmet defense" in Wisconsin. More particularly, the case raises two central questions: 1) is the "helmet defense" governed by the same principles as the "seat belt defense," and if so, should those principles be modified for purposes of the helmet defense; and 2) can an ATV owner be liable for failing to require...

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