Zillmer v. Miglautsch

The retroactivity of the Baierl v. Hinsha/w rejection of the fault verdict.

If the rejection of the fault verdict in Baierl v. Hinshaw (1966), 32 Wis. (2d) 593, 146 N. W. (2d) 433, is prospective only, the trial court herein erred in setting aside the verdict and the questions raised by the appellant in opposition to a new trial need not be decided. We conclude, however, that the position stated by this court in Baierl was merely a statement of the requirements, in the absence of the parties’ stipulation, of sec. 270.27, Stats., that have been controlling at least since the amendment to that…