ACUITY v. ESTATE OF SHIMETA

No. 2020AP189.

987 N.W.2d 689 (2023)

2023 WI 28

ACUITY, a Mutual Insurance Co., Plaintiff-Respondent-Petitioner, v. ESTATE OF Michael SHIMETA and Terry Scherr, Defendants-Appellants, Partners Mutual Insurance Co., Intervening Defendant.

Supreme Court of Wisconsin.

Opinion Filed: April 7, 2023.


Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner, there were briefs filed by Christine M. Rice , Nicole R. Radler , and Simpson & Deardorff, S.C., Milwaukee. There was an oral argument by Christine M. Rice.

For the defendants-appellants, there was a brief filed by Brett A. Eckstein and Cannon & Dunphy, S.C., Brookfield. There was an oral argument by Brett A. Eckstein.

An amicus curiae brief was filed by James A. Friedman , Daniel C.W. Narvey , and Godfrey & Kahn, S.C., Madison, for the Wisconsin Insurance Alliance.

An amicus curiae brief was filed by Mark L. Thomsen , Lynn R. Laufenberg , and Gingras, Thomsen, & Wachs, LLP, Madison, for the Wisconsin Association for Justice.

KAROFSKY, J., delivered the majority opinion of the Court, in which ANN WALSH BRADLEY, ROGGENSACK, and DALLET, JJ., joined. ZIEGLER, C.J., filed a dissenting opinion, in which REBECCA GRASSL BRADLEY, J., joined. HAGEDORN, J., filed a dissenting opinion, in which REBECCA GRASSL BRADLEY, J., joined.


¶1 This case arises from a tragic automobile accident that occurred when Douglas Curley lost control of his vehicle, crossed the center line, and hit another vehicle, killing Michael Shimeta and seriously injuring his passenger, Terry Scherr. As a result of the accident, Curley's insurer paid Shimeta's estate (Shimeta)...

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