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FARRELL v. JOHN DEERE CO.

No. 87-2084.

151 Wis.2d 45 (1989)

443 N.W.2d 50

Gordon FARRELL, Rachel Farrell, Sara Farrell, James Farrell, by Michael P. Lehner, their guardian ad litem, and Oshkosh Truck Corporation, a Wisconsin corporation, Plaintiffs-Respondents-Cross Appellants, v. JOHN DEERE COMPANY, a foreign corporation, and Deere & Company, a foreign corporation, Defendants-Third Party Plaintiffs-Appellants, BALLWEG IMPLEMENT COMPANY, Defendant, NAVISTAR COMPANY, a foreign corporation, Defendant-Cross Respondent, v. Gustave MUELLER, M.D., Third Party Defendant.

Court of Appeals of Wisconsin.

Decided May 24, 1989.

Attorney(s) appearing for the Case

On behalf of the defendants-third party plaintiffs-appellants-cross respondents, the cause was submitted on the briefs of David J. Cannon & Toni L. Bonney of Michael, Best & Friedrich, of Milwaukee.

On behalf of the plaintiffs-respondents, the cause was submitted on the briefs of Lynn R. Laufenberg of Cannon & Dunphy, S.C., of Milwaukee.

On behalf of the defendant-cross respondent, the cause was submitted on the brief of Frank J. Daily, Patrick W. Schmidt, Mark A. Kircher & Marsha J. Rabiteau of Quarles & Brady, of Milwaukee.

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

NETTESHEIM, J.

This is a products liability/negligence action which was submitted to a jury in two phases in the special verdict. In the first phase, the jury apportioned responsibility among five parties, including the plaintiff, Gordon Farrell, for the damages caused to Farrell when he was seriously injured in a farm accident involving a John Deere corn picker. In the second phase, the jury found John Deere Company and Deere & Company (Deere) 65% responsible...

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