Wisconsin Personal Injury Case Law
Please find, below, selected case laws decided by Supreme Court of Wisconsin or Court of Appeals of Wisconsin where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Atkins v. Swimwest Family Fitness Center - 1/19/2005
. This case is before the court on certification from the court of appeals, pursuant to Wis. Stat. § (Rule) 809.61 (2001-2002). Benjamin Atkins (Atkins) appealed from an order of the circuit court, which granted summary judgment in...
Vieau v. American Family Mutual Insurance Co. - 1/19/2005
. James Vieau appeals orders granting summary judgment to American Family Mutual Insurance Company and Acuity in this personal injury case. Vieau also appeals the judgment that the reducing clause in his Acuity policy applied,...
Hahn v. Trig's Food and Drug - 11/30/2004
. Penny and Ronald Hahn appeal a summary judgment dismissing their personal injury action against Trig's Food & Drug, Inc. and its insurers. The Hahns allege negligence and violation of the Safe Place Statute based on an injury...
In re Disciplinary Proceedings Against Krueger - 11/17/2004
The Court entered the following order on this date:
On September 22, 2004, the Office of Lawyer Regulation (OLR) filed a disciplinary complaint against Attorney John A. Krueger asking this court to impose reciprocal discipline...
Yorgan v. Durkin - 11/17/2004
. Before an attorney is obligated to honor a client's assignment of settlement proceeds from a personal injury claim, the attorney must acknowledge the existence of the assignment and must accept the obligations set forth in the...
Rico v. Midwest Security Insurance Co. - 11/11/2004
. Olga Rico appeals from a judgment dismissing her personal injury action against Thomas Benner and Midwest Security Insurance Company. We affirm.
. Rico and Benner agreed during their trial testimony on the basic facts of the...
Estate of Paswaters v. American Family Mutual Insurance Co. - 11/10/2004
. This case involves a wrongful death action by the estate and minor children of shooting victim Kimberly Paswaters. The circuit court held that public policy considerations precluded imposing liability on Harold Beck for allowing...
Insurance Co. of North America v. Cease Electric Inc. - 11/9/2004
REVIEW of a decision of the Court of Appeals. Affirmed.
. The petitioners, Cease Electric Inc., d/b/a Zillmer Electric and Pekin Insurance Company seek review of a court of appeals' decision affirming a circuit court judgment...
City of Milwaukee v. NL Industries - 11/9/2004
DECISION
. The City of Milwaukee appeals from a judgment and an order dismissing its complaint against NL Industries, Inc., and Mautz Paint (collectively, "defendants"). The trial court dismissed the City's claim for public...
Preston v. Condon Construction and Realty - 11/4/2004
. Vincent Preston appeals a judgment dismissing his small claims action to recover damages resulting from a broken lateral sewer pipe leading into a house that Condon Construction & Realty had built and sold to Preston five years...
State v. Daulton - 11/2/2004
. James Daulton appeals his judgment of conviction for first-degree intentional homicide in violation of Wis. Stat. § 940.01(1)(a). Daulton argues there was insufficient evidence to convict him. We disagree and affirm the judgment. ...
Williams v. Rexworks - 11/2/2004
. Rexnord, Inc., Rexnord Holdings, Inc., Fairchild Corporation, and Banner Industries, Inc. (collectively "RHI") appeal from the trial court's denial of their motion for partial summary judgment on their cross-claim for reimbursement...
[T] Howie v. Estate of Weisensel - 2/26/2004
. Reverend William T. Howie and his mother, Frances A. Howie, (the Howies) appeal from an order dissolving the estate of Robert Weisensel and, because of the dissolution of the estate, dismissing their personal injury complaint...
[T] Amrhein v. Acuity - 2/18/2004
. This appeal presents an insurance coverage issue. Cory Schaal was injured during an assault that took place near the residence of Raymond J. Caminata, Sr. during a party thrown for Raymond's daughter Julie A. Caminata. Schaal, by...
[T] Carey v. Ablan - 2/12/2004
. Attorney Michael Ablan appeals an order confirming an arbitration award in favor of Jeffrey and Stephanie Carey and dismissing his counterclaims against them. The Careys move for a determination that the appeal is frivolous. We...
[T] Gartz v. J&J;Association Holding - 2/4/2004
. Anita Gartz sued her former landlord, J&J;Association Holding, LLC, (J&J; seeking double damages pursuant to Wis. Admin. Code § ATCP 134.06(2)(a) based upon her claim that J&J;did not timely return her security deposit...
[T] Lehnertz v. CUNA Mutual Insurance Society - 2/3/2004
. Linda J. Lehnertz appeals from the circuit court judgment granting summary judgment and dismissing her action against CUNA Mutual Insurance Society. She argues that the court erred in concluding that the applicable statute of...
[T] In re Marriage of Catlin - 12/30/2003
. Kirstin Catlin appeals a judgment of divorce. Kirstin argues that the circuit court erred in several respects when ordering child support, maintenance, custody, and physical placement. Regarding child support, Kirstin contends,...
[T] Clark v. McEnany - 12/23/2003
. Rose Mary Clark, individually and as special administrator for the estate of Alvin Clark, deceased, appeals a judgment entered upon a jury verdict dismissing her medical malpractice claim against M. Terry McEnany, M.D., and...
City of Stoughton v. Thomasson Lumber Co. - 12/23/2003
. The City of Stoughton filed this action for breach of implied warranty against Thomasson Lumber Company, claiming that 225 telephone poles the City purchased from the company were not merchantable at the time of delivery. After a...
[T] Prissel v. Physicians Insurance Co. of Wisconsin - 12/23/2003
. In this appeal we consider whether the trial court erroneously bifurcated claims of medical malpractice and informed consent violations against a physician from claims of negligent credentialing against a hospital and clinic. We...
Mohr v. St. Paul Fire & Marine Ins. Co. - 12/18/2003
. Michael Mohr was injured while practicing a racing start from a starting platform at the shallow end of his high school's swimming pool. He appeals the summary judgment in favor of the manufacturer of the platform, KDI Paragon,...
Insurance Co. of North America v. Cease Electric Inc. - 12/17/2003
. Cease Electric Inc., d/b/a Zillmer Electric and Pekin Insurance Company appeal from a judgment awarding Cold Spring Egg Farm, Inc., and Insurance Company of North America damages for losses sustained due to the failure of a...
Commercial Union Midwest Insurance Company v. Vorbeck - 12/10/2003
. In Badger Mutual Insurance Co. v. Schmitz, 2002 WI 98, 255 Wis. 2d 61, 647 N.W.2d 223, the supreme court considered whether an underinsurance reducing clause in a motor vehicle insurance policy was ambiguous, thereby rendering the...
[T] In re Marriage of Decker-Sidmore - 11/26/2003
. Kenneth Sidmore appeals from a judgment of divorce seeking reversal of a trial court determination that Barbara E. Decker-Sidmore's school loans were marital debt and awarding maintenance. Kenneth contends that the trial court erred...
Anderson v. American Family Mutual Insurance Co. - 11/25/2003
Oral Argument: September 16, 2003
REVIEW of a decision of the Court of Appeals. Affirmed.
. In Wisconsin, persons who furnish alcohol beverages to others are statutorily immune from civil liability arising out of the act...
[T] Kypke v. Atterbury - 11/20/2003
. Mark Kypke appeals a judgment dismissing his legal malpractice claim against the law firm of Atterbury, Riley & Luebke, S.C., its insurer, and individual members of the firm (Atterbury). The issue is whether he filed his action...
Brown v. Labor and Industry Review Commission - 11/18/2003
REVIEW of a decision of the Court of Appeals. Reversed.
. This is a review of a published decision of the court of appeals. The circuit court affirmed the order of the Labor and Industry Review Commission (LIRC), which held that...
[T] Pierce v. Physicians Insurance Co. of Wisconsin - 11/11/2003
. Bonnie Pierce appeals a summary judgment dismissing her claim for negligent infliction of emotional distress relating to the stillbirth of her daughter. We conclude Pierce fails to fulfill the criteria established in Bowen v....
In re Disciplinary Proceedings Against Jaconi - 11/7/2003
DISCIPLINARY PROCEEDINGS AGAINST JACONI
ATTORNEY disciplinary proceeding. Attorney's license suspended.
We review the stipulation filed by Attorney Jevon J. Jaconi and the Office of Lawyer Regulation (OLR) pursuant to SCR...
Wischer v. Mitsubishi Heavy Industries America - 9/30/2003
. This case involves three consolidated cases in the so-called "Miller Park" appeals. Although the cases underlying this consolidated appeal present many issues of varying complexity, there is one dispositive issue: whether, based on...
Houle v. School District of Ashland - 9/30/2003
. The Bad River Band of Lake Superior Tribe of Chippewa Indians appeals an order determining that the Rimes made whole doctrine applies to prevent its recovery of health care costs paid on behalf of tribe member Dustin Houle. See...
[T] In re Finding of Contempt in re the Marriage of Ehrke - 9/25/2003
. Gary A. Miller appeals an order of the circuit court finding him in contempt and ordering him to pay $7,329 plus 5% interest to Jodi Lynn Ehrke, and reasonable attorneys' fees in the amount of $7,434 to Ron Niesen and Walter...
Evans v. Luebke - 9/25/2003
. Attorney Hazel Washington appeals money judgments entered against her in favor of each of four minors whose interests she represented as guardian ad litem with respect to personal injury settlements. She also appeals two related...
Estate of Capistrant v. Froedtert Memorial Lutheran Hospital - 9/23/2003
. The Wisconsin Patients Compensation Fund appeals from a judgment directing it to pay $2,108,065 plus costs to the plaintiff Patricia A. Capistrant as the result of a jury's verdict finding that various physicians were responsible...
Keller v. Kraft - 9/23/2003
. Christopher J. and Amy Keller appeal from a judgment dismissing their complaint against James R. Kraft and the City of Milwaukee. The Kellers contend that their claim falls into the third exception within the worker's compensation...
[T] Dane County v. Bovee - 9/18/2003
. Robert Bovee appeals the judgment of conviction for inattentive driving in violation of Wis. Stat. § 346.89(1) entered after a trial to the court. The charges arose out of a one-car accident involving Bovee's vehicle. He contends:...
[T] Kulbiski v. DeMarco - 9/10/2003
. Michael DeMarco and State Farm Mutual Automobile Insurance Company (hereafter DeMarco) appeal from a judgment awarding damages to Matthew Kulbiski and the Estate of Kathleen Kulbiski. On appeal, DeMarco argues that Matthew...
[T] Mequon Medical Associates v. S.T.O. Industries - 9/4/2003
. Mequon Medical Associates appeals a judgment dismissing its complaint against S.T.O. Industries, Inc., STO Corporation (collectively referred to as STO), Champion Exterior Insulation & Finish Systems (Champion), and Jahn &...
[T] Burger King/Ameriking v. Labor and Industry Review Commission - 9/3/2003
. This appeal arises from a worker's compensation claim. Burger King/Ameriking and Ace American Insurance Company, c/o Gallagher Bassett Services, Inc. (Burger King), appeal a judgment affirming the Labor and Industry Review...
[T] Colden v. Schuelke - 9/3/2003
. Michael and Carol Colden appeal a judgment concluding that a General Casualty automobile policy with a snowmobile endorsement limits coverage to a single policy limit even though multiple insured persons are liable for their son's...
Aasen-Robles v. Lac Courte Oreilles Band of Lake Superior Chippewa Indians - 9/3/2003
. This case presents the issue of whether an employee exclusion in a general liability insurance policy bars coverage for Julie Aasen-Robles, a Lac Courte Oreilles Band of Lake Superior Chippewa Indians' employee, when she slipped and...
Jares v. Ullrich - 6/25/2003
. By declaratory judgment, the trial court ruled that Chubb Indemnity Insurance Company (Chubb) did not have a duty to defend its insureds, Peter F. Ullrich and Cari Ullrich, against the negligent misrepresentation allegations set out...
[T] Mason v. Wisconsin Patients Compensation Fund - 6/19/2003
. Prairie du Chien Memorial Hospital and the Wisconsin Patients Compensation Fund (collectively, the hospital) appeal a medical malpractice judgment entered against them in favor of Megan Mason, her parents, Principal Mutual Life...
Culbert v. Ciresi - 6/17/2003
. Anna Culbert appeals an order dismissing her medical malpractice claim because the statute of limitations had expired. She argues: (1) the statute of limitations was tolled by her original federal action, and (2) equitable estoppel...
Harold Sampson Childrens' Trust v. Linda Gale Sampson 1979 Trust - 6/10/2003
. We granted the petition for leave to appeal filed by the defendants. They seek reversal of the trial court's non-final order directing them to return to the plaintiffs documents produced during discovery that the trial court held...
Digicorp - 6/3/2003
REVIEW OF A DECISION OF THE COURT OF APPEALS Reported at: 256 Wis. 2d 1046, 650 N.W.2d 321 (Ct. App. 2002-Unpublished)
Oral Argument: January 23, 2003
Concurred/Dissented: SYKES, J., concurred in part, dissented in part...
State v. City of Rhinelander - 3/25/2003
. The City of Rhinelander appeals a judgment denying coverage for environmental remediation costs under an umbrella policy issued by General Casualty Company of Wisconsin. The circuit court concluded the policy's "owned property"...
[T] Moters v. Barr - 3/25/2003
. Ronald W. Morters appeals pro se from the order granting the defendants' motion for costs and attorney's fees on the grounds that Morters' claims were frivolous under Wis. Stat. § 814.025(3)(b) (2001-02). Morters also appeals from...
Kemp v. Wolff - 2/25/2003
. Don Kemp appeals from an order denying his motion to reopen the dismissal of his small claims case against his former employer, identified by the small-claims summons as "Stephen Wolff (Jim Hegarty's Pub, LLC)." We reverse.
I....
Bauer v. Carothers - 2/25/2003
. Larry Bauer appeals a judgment dismissing his personal injury claim following a jury verdict finding that the auto accident did not cause his injury. He contends the court submitted a defective verdict and he is entitled to a new...
In re Disciplinary Proceedings Against Riegleman - 2/25/2003
DISCIPLINARY PROCEEDINGS AGAINST RIEGLEMAN
Not Participating: WILCOX, J., did not participate.
We review the stipulation filed by Attorney Dan A. Riegleman and the Office of Lawyer Regulation (OLR) pursuant to SCR 22.12...
Johnson v. Village of Benton - 2/13/2003
. Kristen, Robert and Cheryl Johnson appeal a judgment dismissing their personal injury complaint against the Village of Benton and its president, Gary McCrea. The issue is whether the defendants are immune from suit because the...
Brown v. Labor and Industry Review Commission - 2/12/2003
. Kelly Brown appeals from a circuit court order affirming an order of the Labor and Industry Review Commission (LIRC), which held that Reliance Insurance Company had not acted in bad faith pursuant to Wis. Stat. § 102.18(1)(bp)...
Nortman v. Roou - 2/6/2003
. Wausau Underwriters Insurance Company appeals an order approving a worker's compensation settlement. The issue is whether the trial court erred by distributing all of the available proceeds under the distribution formula set forth...
Funk v. Marketplace Foods and Society Insurance - 2/4/2003
. Lucille Funk, by her personal representative, appeals a summary judgment dismissing her personal injury claims against Marketplace Foods and its insurer, Society Insurance. We reject Funk's arguments and affirm the judgment. ...
Scheberle v. Milson - 2/4/2003
. Denise and Steve Scheberle appeal a summary judgment entered in favor of Dr. Bertram Milson dismissing their medical malpractice claim for Scheberle's injuries. Specifically, they contend the circuit court failed to consider the...
Triolo v. Employee Trust Funds Board and County of Marathon - 11/27/2002
. Matthew Triolo appeals an order affirming the decision of the Employee Trust Funds Board. The issue is whether the Board properly concluded that Triolo is not a "protective occupation participant," as defined in Wis. Stat. §...
Anderson v. American Family Mutual Insurance Co. - 11/26/2002
. Mark and Janet Anderson appeal a summary judgment finding that Mary Anne Brasure and her son Gregory Brasure are immune from civil liability under Wis. Stat. § 125.035 for providing the Andersons' underage son, Craig, with alcohol....
Crossmark - 11/20/2002
. The issue presented by this appeal is whether the respondent, General Casualty Co. of Wisconsin, has a duty to defend Nick DeGeorge and Food Marketing Services, Inc., in an action brought against them by Crossmark, Inc. The trial...
Schultz v. Natwick - 11/19/2002
REVIEW OF A DECISION OF THE COURT OF APPEALS 2001 WI App 281 Reported at: 249 Wis. 2d 317, 638 N.W.2d 319 (Published)
Oral Argument: September 11, 2002
REVIEW of a decision of the Court of Appeals. Affirmed.
. This...
Jensen v. McPherson - 11/13/2002
. This case comes to us by a grant of a leave to appeal. David D. McPherson, M.D., OHIC Insurance Company and Wisconsin Patients Compensation Fund (collectively "McPherson") appeal a circuit court order denying a motion to dismiss the...
In re Termination of Parental Rights to Emani M. - 11/12/2002
. Sheila M. appeals the order terminating her parental rights to her daughter, Emani, and the order denying her request to vacate the termination of parental rights order. She contends the trial court's admonitions that she was...
Bank One Wisconsin v. Kahl - 11/12/2002
. Bank One Wisconsin, f/k/a Bank One Milwaukee, appeals an order reinstating a foreclosure judgment entered against Robert and Kay Kahl, obtained upon default. Believing there was sufficient equity in the Kahls' home to satisfy the...
Osborn v. Cascade Mountain - 11/7/2002
. Amanda Osborn and her parents, Joan and Richard Osborn, appeal from a summary judgment dismissing their personal injury action against Cascade Mountain, Inc., and its insurer. The Osborns sued for injuries Amanda, then age twelve,...
Condon v. Heritage Mutual Insurance Company - 11/5/2002
. Heritage Mutual Insurance Company (Heritage) appeals from the judgment entered after a jury awarded Deborah and John Condon $262,714.18 for the wrongful death of their daughter, Ashley Condon, who was struck and killed by an...
Johnson v. ABC Insurance Co. - 9/24/2002
. Roger and Barbara Johnson appeal from a judgment of the trial court granting the motion for summary judgment brought on behalf of the defendants, Gander Mountain, L.L.C. and Reliance National Indemnity Company. The Johnsons contend...
Sedqwick v. Volenec - 9/19/2002
. This is an interlocutory appeal by plaintiffs Candace Sedgwick and Robert Sedgwick from a discovery order compelling Candace to turn over to the defendants a diary she kept of her medical conditions. The dispositive issue is whether...
Prestwood v. Bluebird Springs Recreational Area - 9/19/2002
. The plaintiffs in this personal injury action appeal a judgment granting the defendants' motion for summary judgment and dismissing the plaintiffs' complaint. The dispositive issue is whether the plaintiffs produced sufficient...
Johnson v. Laurencin - 9/17/2002
. Archie N. Johnson, pro se, appeals from the circuit court's order dismissing his medical malpractice action against Denis L. Laurencin, M.D., and the Wisconsin Patients Compensation Fund. He argues that the court erred in concluding...
Schwartz v. Wisconsin Department of Revenue - 9/11/2002
. Randall Schwartz appeals from a circuit court order affirming a decision and order of the Wisconsin Tax Appeals Commission (the Commission). The Commission determined that $112,278 of a $175,000 payment Schwartz received for the...
Mullen v. Walczak - 9/10/2002
. Joseph Mullen and the estate of Renee Petit appeal a summary judgment in favor of American Family Mutual Insurance Company. The circuit court granted American Family's motion for summary judgment after it determined Mullen's...
Selzer v. Brunsell Brothers - 8/29/2002
. Peter Selzer appeals a judgment dismissing his claims against Marvin Lumber & Cedar Company for damages related to the decay of windows Selzer purchased from Marvin for use in his home. Selzer claims Marvin breached an express...
Folkman v. Quamme - 8/29/2002
. This appeal concerns the construction of insurance policy provisions relating to the insurer's limit of liability when there is more than one insured liable in an automobile accident. The circuit court construed Society Insurance's...
Alvarado v. Sersch - 8/29/2002
. Dora Alvarado, Lenny Gonzales, Jessica Gonzales, Billy Gonzales, and Roberto Gonzales appeal a judgment and an order of the circuit court granting summary judgment in favor of defendants Meriter Retirement Services, Inc. and...
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