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KOCHANSKI v. SPEEDWAY SUPERAMERICA, LLC

No. 2011AP1956.

850 N.W.2d 160 (2014)

2014 WI 72

James E. KOCHANSKI and Cynthia Kochanski, Plaintiffs-Respondents-Petitioners, Blue Cross Blue Shield of Wisconsin and Kathleen Sebelius, Secretary of the United States Department of Health and Human Services, Involuntary-Plaintiffs, v. SPEEDWAY SUPERAMERICA, LLC, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided July 17, 2014.

Attorney(s) appearing for the Case

For the plaintiff-respondents-petitioners, there were briefs by Jay R. Starrett , Lisa M. Lawless , Thomas Gonzalez , Erin M. Keesecker , and Whyte Hirschboeck Dudek S.C., Milwaukee, and oral argument by Ross Anderson.

For the defendant-appellant, there was a brief by Donald H. Piper , Patrick A. O'Neil , and Piper & Schmidt, Milwaukee, and oral argument by Patrick A. O'Neil.

PATIENCE DRAKE ROGGENSACK, J.

¶ 1 We review a decision of the court of appeals1 reversing the circuit court's order2 affirming the jury's verdict, which found Speedway SuperAmerica, LLC (Speedway) liable for injuries James Kochanski sustained when he fell outside one of Speedway's stores. Speedway appealed, arguing that the circuit court erroneously gave the absent witness instruction, that the verdict...

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