Legal Opinion · Dissent

James E. Kochanski v. Speedway Superamerica, LLC

Wisconsin Supreme Court

Decided July 17, 2014No. 2011AP001956Published

1DissentAnn Walsh Bradley, J.

¶ 50. (dissenting). If an attorney were advising someone who had fallen because of a snow-covered or icy sidewalk, likely one of the things the client would be told is to take a picture of the conditions with a cell phone or camera.

¶ 51. Why? A picture says a thousand words and represents some of the best evidence. But if a picture says a thousand words, then a video speaks volumes.

¶ 52. In this case, the conditions, both before and after the fall, were recorded on Speedway's surveillance cameras. The video recordings they created were played to the jury and provided a wealth of information—…

2Cases cited31 opinions

  1. Thoreson v. Milwaukee & Suburban Transport Corp.Wisconsin Supreme Court · 1972
  2. May v. Skelley Oil Co.Wisconsin Supreme Court · 1978
  3. Ballard v. Lumbermens Mutual Casualty Co.Wisconsin Supreme Court · 1967
  4. Coryell v. ConnWisconsin Supreme Court · 1979
  5. Nommensen v. American Continental InsuranceWisconsin Supreme Court · 2001

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