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WESTFALL v. KOTTKE

No. 80-2227.

110 Wis.2d 86 (1983)

328 N.W.2d 481

Clark WESTFALL, by his guardian ad litem, Thomas Terwilliger, and Harland Westfall and Dores Westfall, his parents, Plaintiffs-Appellants-Petitioners, v. Walter KOTTKE and Wayne Kottke, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided January 5, 1983.

Attorney(s) appearing for the Case

For the plaintiffs-petitioners there was a brief by Thomas Terwilliger and Terwilliger, Wakeen, Piehler, Conway & Klingberg, S.C., Wausau, and oral argument by Thomas Terwilliger.

For the defendants-respondents there was a brief by David M. Erspamer and Cwayna, Novitzke, Byrnes, Gust & Williams, Amery, and oral argument by Mr. Erspamer.

Reversing and remanding 104 Wis.2d 744, 314 N.W.2d 363 (Ct. App.).

HEFFERNAN, J.

This is a review of an unpublished decision of the court of appeals dated September 8, 1981, that affirmed the circuit court's judgment, dismissing Clark Westfall's complaint, after a verdict finding Westfall 90 percent negligent and the defendant Walter Kottke 10 percent negligent.1 Westfall's complaint was for personal injuries sustained when the...

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