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KUBICHEK v. KOTECKI

No. 2009AP2331.

796 N.W.2d 858 (2011)

2011 WI App 32

John P. KUBICHEK, Sr., Plaintiff-Respondent-Cross-Appellant, Marinette County Department of Health and Human Services, Involuntary-Plaintiff, v. Jay KOTECKI, Defendant-Appellant-Cross-Respondent, Wisconsin Mutual Insurance Company, ABC Insurance Company and DEF Insurance Company, Defendants.

Court of Appeals of Wisconsin.

Opinion Filed March 24, 2011.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant-cross-respondent, the cause was submitted on the briefs of Claude J. Covelli and Andrew B. Hebl of Boardman, Suhr, Curry & Field LLP, Madison, and Jeffrey J. Gilson of Kaftan, van Egeren & Gilson SC, Green Bay.

On behalf of the plaintiff-respondent-cross-appellant, the cause was submitted on the brief of Michael P. Konz and Erik L. Fuehrer of Gabert, Williams, Konz & Lawrynk, LLP, Appleton.

Before HOOVER, P.J., PETERSON and BRUNNER, JJ.

PETERSON, J.

¶ 1 Jay Kotecki appeals a judgment, entered on a jury verdict finding him negligent for injuries sustained by John P. Kubichek, Sr. Kotecki argues: (1) no credible evidence supports the jury's negligence verdict; (2) public policy precludes Kubichek's recovery; (3) a new trial is necessary in the interest of justice; and (4) Kubichek's claim must be dismissed based on the doctrine of accord and satisfaction. We consider Kotecki's arguments nearly...

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