Legal Opinion
Dalka v. American Family Mutual Insurance
Court of Appeals of Wisconsin
Decided May 24, 2011No. 2010AP1428PublishedCited by 7 opinions
1Opinion of the Court
HOOVER, EJ.
¶ 1. Kevin Dalka appeals an order compelling him to accept a third-party tortfeasor's offer of settlement pursuant to Wis. Stat. § 102.29(1), as requested by his co-plaintiff employer's worker's compensation insurer.1 Dalka argues he was deprived of his constitutional right to a jury trial, contrary to Wis. Stat. § 805.01. We conclude that an employee who receives worker's compensation benefits waives his or her unilateral right to a jury trial in a related third-party tort action. We therefore affirm.
BACKGROUND
¶ 2. Dalka was involved in a motor vehicle accident in the course of…
2Cases cited8 opinions
- In RE MARRIAGE OF COOK v. CookWisconsin Supreme Court · 1997
- State v. HuebnerWisconsin Supreme Court · 2000
- Binder v. City of MadisonWisconsin Supreme Court · 1976
- Beck v. HamannWisconsin Supreme Court · 1953
- Campion v. Montgomery Elevator Co.Court of Appeals of Wisconsin · 1992
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Russell Adams v. Northland Equipment Company, Inc.Wisconsin Supreme Court · 2014
- State v. Carrie E. CounihanWisconsin Supreme Court · 2020
- Corput v. Pekin Ins. Co.Court of Appeals of Wisconsin · 2018
- Jennifer Munnik v. Blue Harbor Resort Condominium Association, Inc.Court of Appeals of Wisconsin · 2026
- Russell Adams v. Northland Equipment Company, Inc.Wisconsin Supreme Court · 2014
2 more not listed; retrieve them via the Exa API.