Schneck v. Mutual Service Casualty Insurance

One of the grounds for granting a new trial in the interest of justice was the admission in evidence, over the objection of the defendant, of the certificate of the motor vehicle department showing the defendant had not corrected the SR-21 form in compliance with sec. 344.15 (5), Stats. The trial court thought the defendant did not have an opportunity to adequately present its defense to this claim which was not raised in the pleadings or disclosed until near the close of the plaintiffs’ case. In our view, the question is whether the admission of evidence of estoppel was reversible error…