Toeller v. Mutual Service Casualty Insurance

Steven Kuchenbach, Mutual Service Casualty Insurance Co., and Suburban Services, Inc., (appellants) appeal from a judgment upholding a jury’s determination that Kuchenbach was 93 % causally negligent for injuries suffered by Ronald Toeller. The appellants argue that Kuchenbach should not be held liable for Toeller’s injuries because Kuchenbach’s actions did not create a probability of harm, were not a substantial factor in producing the accident, and were so remote from the injury that public policy grounds should preclude liability. They further argue that the jury’s apportionment of causal…