Colla v. Mandella

Defendant’s motion for summary judgment was properly denied. Viewing the facts presented on the motion in the light most favorable to the plaintiff, we cannot say that there is no issue of fact for trial which if resolved in favor of the plaintiff would entitle her to judgment.

1. The decision of this court on the previous appeal, that the doctrine of res ipsa loquitur is applicable for consideration by the jury, established the existence of a jury issue relative to the negligence of Mandella in leaving his truck as he did. Colla v. Mandella, 271 Wis. 145, 72 N. W. (2d) 755.

2. If Mandella was…