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Robert Lecander and Gwen Lecander v.

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eBook details

  • Title: Robert Lecander and Gwen Lecander v.
  • Author : Court of Appeals of Wisconsin
  • Release Date : January 06, 1992
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

Robert and Gwen Lecander appeal the judgment dismissing their claim against Arlene Billmeyer and the Wisconsin Health Care
Liability Insurance Plan. The Lecanders assert that the circuit court erred in the following ways: (1) refusing to instruct
the jury on the doctrine of res ipsa loquitur, (2) refusing to change the jury's answer on special verdict question no. 1,
inquiring into Billmeyer's negligence from "No" to "Yes," (3) refusing to answer special verdict question no. 2 inquiring
into the causation of Billmeyer's negligence, "Yes," and (4) denying the Lecanders' motion for a new trial in the interest
of Justice. Because the Lecanders have presented evidence that is so substantial that it provides a full and complete explanation of
the event if the jury chooses to accept it, the trial court was correct in not giving the res ipsa loquitur instruction. Further,
we conclude that the trial court was correct in refusing to change the jury's negligence and causation answers and was correct
in denying the Lecanders' motion for a new trial. The judgment is affirmed.


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