Trinity Evangelical Lutheran Church v. Tower Insurance

¶ 71. (dissenting). Justice Sykes has written a compelling dissent. It ably expresses several of my concerns, and I join it without reservation. I write separately because, for me, this case raises disconcerting questions about the future of trial by jury in civil cases.

¶ 72. The Wisconsin Constitution provides that: "The right of trial by jury shall remain inviolate, and shall extend to all cases at law without regard to the amount in controversy; but a jury trial may be waived by the parties in all cases in the manner prescribed by law." Wis. Const, art. I, § 5.

¶ 73. We have said repeatedly…