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SCHMORROW v. SENTRY INS. CO.

No. 85-1950.

138 Wis.2d 31 (1987)

405 N.W.2d 672

Fred SCHMORROW, Plaintiff-Respondent, v. SENTRY INSURANCE COMPANY, a mutual insurance company, a domestic insurance corporation, Defendant-Respondent, EAGLE STAR INSURANCE COMPANY OF AMERICA, a foreign insurance corporation, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided March 4, 1987.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant the cause was submitted on the briefs of James A. Pitts and Jeffrey Leavell of Capwell, Berthelsen, Nolden, Casanova, Pitts & Kallenbach, Ltd. of Racine.

On behalf of the plaintiff-respondent the cause was submitted on the brief of John V. O'Connor of O'Connor & Warren, S.C. of Kenosha.

On behalf of the defendant-respondent the cause was submitted on the brief of Robert F. Johnson and Philip C. Reid of Cook & Franke S.C. of Milwaukee.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

BROWN, P.J.

Eagle Star Insurance Company of America and Sentry Insurance Company were the defendants in a direct action negligence suit brought by Fred Schmorrow. Eagle Star appeals from the judgment granting Sentry's post-verdict motion for directed verdict and reapportioning the negligence assigned by the jury. Because the trial court lost competency to decide the motions after verdict and because we conclude that the...

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