(Download) "Leonard Burrows and Margaret Burrows v." by Supreme Court of Wisconsin " Book PDF Kindle ePub Free
eBook details
- Title: Leonard Burrows and Margaret Burrows v.
- Author : Supreme Court of Wisconsin
- Release Date : January 30, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
This is an appeal from a judgment and order dismissing the plaintiff's complaint in a personal injury action. There are three questions on appeal: (1) Did the trial court err in refusing to give Wisconsin Jury Instruction-Civil 3260 1 on strict liability tort; (2) Did the trial court err in refusing to permit plaintiff's counsel to make an offer of proof by questioning plaintiff as to how he obtained information he gave to an insurance adjuster about the accident; and (3) Is the plaintiff entitled to a new trial in the interest of Justice. Because we conclude that there was no error in the court's rulings and that Justice does not require a new trial, we affirm the order of the trial court dismissing the complaint. The plaintiff-appellant (plaintiff), Leonard Burrows, was seriously injured when he became caught in the power take-off 2 shaft of a corn picker purchased used from defendant-respondent (defendant), Follett and Leach, Inc. 3 The plaintiff's complaint alleged three counts: one for negligence, one for strict liability in tort, and one for breach of express and implied warranties. The case was tried on December 2 and 3, 1981, and submitted to the jury on the negligence claim only. The jury returned a verdict finding the defendant twelve percent negligent and the plaintiff eighty-eight percent contributorily negligent. The trial court denied plaintiff's motion for a new trial and granted defendant's motion for judgment on the verdict. The plaintiff appealed to the court of appeals which certified the case to this court pursuant to section (rule) 809.61, Stats. 1981-82. The request for certification was granted.