ROOT v. SAUL

No. 2005AP562.

718 N.W.2d 197 (2006)

2006 WI App 106

James ROOT, Plaintiff-Appellant, v. John T. SAUL, Defendant-Respondent, Blue Cross & Blue Shield United of Wisconsin, Defendant, Liberty Mutual Insurance Co., Intervenor-Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed May 2, 2006.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Thomas E. Hayes of Law Offices of Thomas E. Hayes, of Milwaukee.

On behalf of the defendant-respondent and intervenor-defendant-respondent, the cause was submitted on the brief of W. Ted Tornehl of Borgelt, Powell, Peterson & Frauen, S.C., of Milwaukee.

Before FINE, CURLEY and KESSLER, JJ.


¶ 1 KESSLER, J.

James Root appeals from a judgment entered in favor of defendants John T. Saul, Blue Cross & Blue Shield United of Wisconsin and Liberty Mutual Insurance Co. (collectively, "Saul"). Root argues, as he did in a post-verdict motion, that he is entitled to a new trial in the interest of justice and based on the following errors: (1) the trial court denied Root's request to instruct the jury on provocation as a bar to a self-defense theory; and...

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