Jones v. Sears Roebuck & Co.

I would affirm the trial court’s order denying the motions for summary judgment for the reasons set forth in American Orthodontics Corp. v. G & H Insurance Agency, Inc., 77 Wis. 2d 337, 253 N.W.2d 82 (1977), and the cases cited therein. Especially relevant is our language in United Farm Agency, Inc. v. Niemuth, 47 Wis.2d 1, 7, 8, 176 N.W.2d 328 (1970) :

“. . . Where a decision on a point of law not previously decided in this state is at issue, the trial judge has the discretion to make that decision only after he is satisfied that all relevant facts have been placed in evidence. While certain…