Legal Opinion

Blumenfeld v. Jeans

Court of Appeals of Wisconsin

Decided June 29, 2011No. 2010AP1773Published

1Opinion of the CourtBrown, C.J.

¶ 1. This dispute lies at the intersection between joint and several liability and the collateral source rule. Erie Insurance Exchange is appealing from a judgment against it after its insured, Luther Wray, was found 60% at fault for injuries to Clifford Blumenfeld in a traffic accident. The jury also found that Ebony Jeans, an uninsured motorist, was 40% at fault for Blumenfeld's injuries. Because Wray was found more than 51% at fault, judgment was entered against Erie for 100% of the damages found by the jury pursuant to Wisconsin's joint and several liability law. See Wis. Stat. §…

2Cases cited9 opinions

  1. Pierringer v. HogerWisconsin Supreme Court · 1963
  2. Lambert v. WrenschWisconsin Supreme Court · 1987
  3. Koffman v. LeichtfussWisconsin Supreme Court · 2001
  4. VanCleve v. City of MarinetteWisconsin Supreme Court · 2003
  5. Paulson v. Allstate InsuranceWisconsin Supreme Court · 2003

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