Hall v. Arthur Overgaard, Inc.

A single issue is dispositive of this appeal: Did the trial court properly change the jury’s answer finding Strozinsky 40 percent causally negligent and find him not negligent as a matter of law? In Leatherman v. Garza, 1 this court extensively reviewed the criteria for passing upon a trial court’s decision to change an answer in a jury verdict:

“The proper test to be applied in determining whether a jury’s answer should be changed is ‘whether there was any credible evidence which supported the jury’s answer.’ Home Savings Bank v. Gertenbach (1955), 270 Wis. 386, 392, 71 N. W. 2d 347, 72 N. W.…