Legal Opinion

Monsivais v. Winzenried

Court of Appeals of Wisconsin

Decided October 27, 1993No. 93-0157PublishedCited by 7 opinions

1Opinion of the CourtNettesheim, J.

This is a wrongful death action brought by Maria A. Monsivais, the widow of Jose Monsivais. Maria based her action on Wisconsin's safe-place statute and common law negligence.

Jose Monsivais was found dead at the bottom of the basement steps at the K & D Tap in Waukesha. Maria sued both the operators of the tavern business and the owners of the tavern building, alleging numerous safe-place violations and negligent acts related to the building's structure. At trial, however, Maria's proofs primarily focused on the absence of: (1) an adequate warning sign on the basement door, (2) adequate…

2Cases cited13 opinions

  1. Pierringer v. HogerWisconsin Supreme Court · 1963
  2. Antoniewicz v. ReszczynskiWisconsin Supreme Court · 1975
  3. Kolpin v. Pioneer Power & Light Co.Wisconsin Supreme Court · 1991
  4. Szafranski v. RadetzkyWisconsin Supreme Court · 1966
  5. Mustas v. INLAND CONSTRUCTION, INC.Wisconsin Supreme Court · 1963

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3Cited by7 opinions

  1. Hofflander v. St. Catherine's Hospital, Inc.Wisconsin Supreme Court · 2003
  2. Gulbrandsen v. H & D, INC.Court of Appeals of Wisconsin · 2009
  3. Johnson v. BlackburnCourt of Appeals of Wisconsin · 1998
  4. Hofflander v. St. Catherine's Hospital, Inc.Court of Appeals of Wisconsin · 2001
  5. Eric Stupak v. Mont du Lac Snowsports, LLCCourt of Appeals for the Seventh Circuit · 2026

2 more not listed; retrieve them via the Exa API.

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