HORST v. DEERE & COMPANY

No. 2006AP2933.

752 N.W.2d 406 (2008)

2008 WI App 65

Jonathan HORST, by his Guardian ad Litem, and Kara Horst, Plaintiffs-Appellants v. DEERE & COMPANY, a Delaware Corporation, Defendant-Respondent.

Court of Appeals of Wisconsin.

April 30, 2008.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of John C. Cabaniss and Rachel N. Schepp of von Briesen & Roper, S.C., Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of Michael L. Zaleski of Quarles & Brady LLP, Madison.

Before BROWN, C.J., ANDERSON, P.J., and SNYDER, J.


¶ 1 SNYDER, J.

Jonathan Horst, by his guardian ad litem, and Jonathan's mother, Kara Horst, appeal from a judgment dismissing their personal injury claim against Deere & Company. The Horsts contend that they are entitled to a new trial because the court provided an erroneous jury instruction on the issue of Deere's duty of care in the design of its products and that there is a probability that the erroneous instruction and the corresponding special verdict...

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