Legal Opinion

Lupie v. Hartzheim

Wisconsin Supreme Court

Decided March 28, 1972No. 30PublishedCited by 18 opinions

1Opinion of the CourtHeffernan, J.

The comparative-negligence law at the time of the accident provided:

“895.045 Contributory negligence; when bars recovery. Contributory negligence shall not bar recovery in an action by any person or his legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not as great as the negligence of the person against whom recovery is sought, but any damages allowed shall be diminished in the proportion to the amount of negligence attributable to the person recovering.” (Stats. 1967)

That statute has been consistently…

2Cases cited3 opinions

  1. Vincent v. Pabst Brewing Co.Wisconsin Supreme Court · 1970
  2. Brewster v. LudtkeWisconsin Supreme Court · 1933
  3. Holzem v. MuellerWisconsin Supreme Court · 1972

3Cited by18 opinions

  1. Richards v. Badger Mutual InsuranceWisconsin Supreme Court · 2008
  2. Reiter v. DykenWisconsin Supreme Court · 1980
  3. Johnson v. Safeway Stores, Inc.Wyoming Supreme Court · 1977
  4. Wisconsin Natural Gas Co. v. Ford, Bacon & Davis Construction Corp.Wisconsin Supreme Court · 1980
  5. Dunham v. Southside National Bank of MissoulaMontana Supreme Court · 1976

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