Hernke v. Coronet Insurance

Two issues are presented on this appeal:

1. May the issue of passive negligence be litigated in the circuit court proceeding ?

2. Did the trial court err in precluding litigation on the issue of negligence causative of the collision?

Passive negligence.

At the outset, the differing language between the order of the trial court and its memorandum discussion must be noted. The order limited the issues at trial to those dealing with damages. The memorandum noted that there will be no issue of negligence with respect to the cause of the accident. Aggravation of injuries through passive negligence in…