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BLUMENFELD v. EBONY JEANS

No. 2010AP1773.

804 N.W.2d 692 (2011)

2011 WI App 107

Clifford BLUMENFELD, Plaintiff-Respondent, Cigna Healthcare, Involuntary-Plaintiff, v. EBONY JEANS, Defendant, Erie Insurance Exchange, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed June 29, 2011.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Michael S. Murray and Michael J. Cerjak of Kasdorf, Lewis & Swietlik, S.C., of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Robert I. DuMez and John V. O'Connor of O'Connor, DuMez, Alia & McTernan, S.C., of Kenosha.

Before BROWN, C.J., NEUBAUER, P.J., and REILLY, J.

BROWN, C.J.

¶ 1 This dispute lies at the intersection between joint and several liability and the collateral source rule. Erie Insurance Exchange is appealing from a judgment against it after its insured, Luther Wray, was found 60% at fault for injuries to Clifford Blumenfeld in a traffic accident. The jury also found that Ebony Jeans, an uninsured motorist, was 40% at fault for Blumenfeld's injuries. Because Wray was found more than 51% at fault, judgment was...

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