HORST v. DEERE & CO.

No. 2006AP2933.

769 N.W.2d 536 (2009)

2009 WI 75

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

Supreme Court of Wisconsin.

Decided July 14, 2009.


Attorney(s) appearing for the Case

For the plaintiff-appellant-petitioners there were briefs filed by John C. Cabaniss and Cabaniss Law, Mequon, and oral argument by John C. Cabaniss.

For the defendant-respondent there was a brief by Michael L. Zaleski and Quarles & Brady LLP, Madison; Lars E. Gulbrandsen and Quarles & Brady LLP, Milwaukee; and James Brogan, Nancy Rappaport, and DLA Piper U.S. LLP, Philadelphia, Pa., and oral argument by Michael L. Zaleski.

An amicus curiae brief was filed by William C. Gleisner, III and the Law Offices William C. Gleisner, Milwaukee, on behalf of the Wisconsin Association for Justice.

An amicus curiae brief was filed by Colleen D. Ball, Wauwatosa; Stephanie A. Scharf, Deborah H. Bornstein, and Schoeman, Updike, Kaufman & Scharf, Chicago, Ill.; and Hugh F. Young, Jr., Reston, Va., on behalf of the Product Liability Advisory Council, Inc.


¶ 1 MICHAEL J. GABLEMAN, J.

This is a review of a published decision of the court of appeals affirming the judgment of the Washington County Circuit Court, Annette K. Ziegler, Judge.1 After a jury trial, the circuit court rejected Plaintiffs' negligence and strict products liability personal injury claims. Plaintiffs moved for a new trial, challenging the accuracy of the jury instructions on the

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