JENNIE SKOG, Plaintiff-Appellant, v. STATE FARM MUTUAL INSURANCE COMPANY, Defendant-Respondent, INTEGRITY MUTUAL INSURANCE COMPANY, Defendant., 98 Wis. 2d 747

Summary

The jury found the first driver causally negligent; it found that the second driver was negligent but that his negligence was not causal. On appeal, the passenger contended that the finding of no causal negligence by the second driver was not supported by credible evidence; alternatively, she requested a new trial in the interest of justice. The court affirmed the judgment. It held that the jury's conclusion that the first driver's negligence was the sole cause of the accident was supported by credible evidence. The court declined to grant a new trial pursuant to Wis. Stat. § 752.35. It reasoned that the trial court did not abuse its discretion in admitting expert witness testimony, pursuant to Wis. Stat. §§ 907.04, 907.05, where there was substantial foundation testimony for his opinion; that an emergency instruction was not prejudicial since the jury found the second driver negligent; that the jury's finding was not against the great weight and clear preponderance of the evidence; ...