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Morden v. Continental AG6/16/2000
2000 WI 51
SUPREME COURT OF WISCONSIN
Case No.: 98-0073
Complete Title of Case: Christine Morden, Plaintiff-Respondent-Cross- Appellant-Petitioner, Thomas Morden, Plaintiff-Respondent-Petitioner, City of Milwaukee, Wisconsin Health Organization and Compcare, Plaintiffs, v. Continental AG, Defendant-Appellant-Cross-Respondent, Mr. P's Ideal Tires Corporation, Defendant.
ON REVIEW OF A DECISION OF THE COURT OF APPEALS Reported at: 226 Wis. 2d 561, 596 N.W.2d 501 (Ct. App. 1999, Unpublished)
Oral Argument: November 30, 1999
Milwaukee JUDGE: Francis T. Wasielewski
REVIEW of a decision of the Court of Appeals. Reversed.
Christine and Thomas Morden (the Mordens) seek review of an unpublished, per curiam decision of the court of appeals
that reversed a judgment of nearly $7 million entered in their favor by the Circuit Court for Milwaukee County, Francis T. Wasielewski, Judge. The circuit court ordered the judgment after a jury found Continental AG (Continental) negligent in the design or manufacture of two mud and snow tires mounted on the rear of the Mordens' vehicle.
. This action arose from an accident in which Christine Morden suffered spinal cord injuries that rendered her a quadriplegic. In March 1991 Christine was traveling with her family to a Florida vacation in a Volkswagen (VW) Vanagon. She and her husband, Thomas, had shared the driving responsibilities during the course of the 23-hour drive from Milwaukee. Shortly before entering Florida, Christine took over at the wheel. When the Vanagon crossed an overpass, the Mordens felt a dip in the road and heard a pop. They assumed that their tires had blown out. Christine Morden lost control of the Vanagon. The Vanagon rolled over onto the grass median, landing on its left side. The roof of the vehicle crushed, and Christine Morden was not able to move.
. The Mordens pursued both negligence and strict liability claims against Continental for the testing, design, and manufacture of the rear tires. The Mordens also sought recovery from VW, the manufacturer of the Vanagon, Ernie von Schledorn Imports, Inc. (EvS), the dealer that serviced the Vanagon, and Mr. P's Ideal Tire Corp. (Mr. P's), the retailer that sold the tires to the Mordens. Less than two weeks before the jury trial began, the Mordens reached an agreement with VW, under which the Mordens received a settlement of $500,000 in exchange for a covenant not to sue VW.
. After a four-week trial, the jury unanimously found Continental negligent in the design or manufacture of the tires. It also determined that Continental was strictly liable for producing tires that were unreasonably dangerous. The circuit court, however, found the strict liability verdict defective because the same 10 jurors did not agree on answers to the questions relating to strict liability and damages. The jury also concluded that Christine Morden was negligent in the operation of the vehicle and that her negligence was a cause of the accident. Although the jury decided that Thomas Morden was negligent in the maintenance or selection of the tires, it answered that Thomas Morden's negligence was not a cause of the accident. The jury determined that Mr. P's and EvS were not negligent. The jury did not hear evidence about the covenant-not-to-sue agreement with VW, and therefore the court submitted no question about VW's negligence to the jury. The jury awarded $10,467,408 in damages to Christine Morden and $1,237,830 to Thomas Morden. It also apportioned 50 percent of the causal negligence to Continental and the other 50 percent to Christine Morden.
. The circu
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