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Index to Wisconsin Civil Jury Instructions

(Printable version, Rev. 2021)

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

Abettor, liability of, battery | 2007

Abrogation of tort immunities |
Law note | 2900

Absent witness | 410

Abuse of privilege |
defamation, constitutional | 2511, 2513
defamation, nonconstitutional conditional privilege | 2507
malicious prosecution | 2552

Abuse of process | 2620

Access rights, defined, eminent domain | 8111

Accident, unavoidable | 1000

Accrual of claim | 950

Activation of latent disease or condition | 1720

Adult and child, comparative negligence | 1582

Adult child, death of, pecuniary loss | 1885

Adverse possession |
burden of proof | 200
elements | 8060

Advice of counsel as defense, malicious prosecution | 2610

Agency |
agent's duty to principal | 4020
apparent authority of agent | 4005
defined | 4000
driver of automobile | 1600
general agent, defined | 4001
implied authority of agent | 4010
independent contractor, definition | 4060
master-servant | See: Scope of employment
ratification by principal of agent's acts | 4015
servant | See: Scope of employment
special agent, defined | 4002
termination, general | 4027
termination, notice to third party | 4028
volunteer, without compensation | 4025

Agent, negligence of insurance | 1023.6

Aggravation of injury |
damages injury because of medical malpractice | 1710
latent disease or condition | 1720
preexisting injury | 1715

Agreement |
See: Contracts
defined | 3010
release, avoidance of for mutual mistake of fact | 3012
supplemental instruction on | 195

Air rights, defined, eminent domain | 8112

Alcohol |
negligence of person consuming | 1035
test for, in blood | 1008

Alcohol, See also |
See: Negligence

Alcoholic, commitment of | 7070

Allergy of user, implied warranty | 3209

Alley, emerging from |
stop | 1330
stop and yield right of way | 1270
yield right of way | 1175

Ambiguous contracts | 3051

Animal (dog) owner's or keeper's liability |
common law | 1391
statutory | 1390

Animals, right of way | 1200

Apparent authority, agency | 4005

Application for insurance |
See: Insurance

Approach of emergency vehicle, right of way | 1210

Approaching car |
at intersection, defined | 1195
on highway, defined | 1205

Approaching nonarterial intersections, right of way | 1155

Approaching or entering intersection about same time | 1157

Arguments of counsel |
instruction at close of evidence | 110
preliminary instruction | 50

Arrest |
defined | 2115
excessive force in | 2155
false. | 2115
without a warrant, reasonable grounds | 2115

Arterial, driver on, right of way | 1090

Artificial condition as attractive nuisance | 1011

Asking questions, by juror | 57

Assault | 2004

Assumption of due care by highway user | 1030

Assumption, of duty, voluntary | 1397

Attorney |
See: Counsel
fees | 3760
malpractice | 1023.5
status as a specialist | 1023.5A

Attractive nuisance | 1011, 8025

Audible, defined | 1210

Authority |
apparent, agency | 4005
implied, agency | 4010

Automobile |
See: Vehicles
damage to | 1805
defective condition of, host's liability | 1032
driver of, agency | 1600
joint adventure (enterprise) | 1610
Lemon Law | 3300, 3301, 3302, 3303, 3304
loss of use, damages, not repairable | 1801
loss of use, damages, repairable | 1800
Magnuson-Moss Act claim | 3310
owner's permission for use of | 3112
racing of | 1107

Avoidance of contract for mutual mistake of fact | 3072

Backing, lookout | 1060

Bad faith by insurance company | 2760, 2761, 2762

Bailment |
defined | 1025.5
duty of bailee under for mutual benefit | 1025.7
duty of bailor for hire | 1025.6
negligence of bailee may be inferred | 1026
negligence of carrier presumed | 1026.5

Bailor, negligence of gratuitous | 1025.8

Battery |
defense of property | 2006.5
defined | 2005
excessive force in arrest | 2008, 2155
liability of aider and abettor | 2007
offensive contact | 2005.5
punitive damages | 1708
self-defense | 2006
sports participant, injury | 2020

Bell, railroad, duty to ring within municipality | 1402

Belt, safety, failure to use | 127

Benefit-of-the-bargain | 2405, 2405.5

Benefits, special, defined, eminent domain | 8115

Bifurcation, punitive damages | 1707.1

Blind persons |
duty of | 1050
right of way | 1170

Blood test for alcohol | 1008

Brakes, equipment, and maintenance of vehicles | 1054

Breach of contract | 3053
by purchaser, damages | 3750
by seller, damages | 3755

Breach of warranty |
See: Products liability

Building |
abutting on a public highway, owner's duty | 8030
public, negligence of owner, safe-place statute | 1904

Building contractor, negligence of | 1022.4

Building contracts, damages | 3700, 3701

Burden of proof |
See: Evidence

Bus, school |
flashing red signals | 1133
stopped on highway | 1132

Business |
defined, safe-place statutes | 1910
defined, strict liability (products) | 3264
injury to | 2820, 2822
liability of proprietor, patron injured, act of third person | 8045
loss of profits, damages | 1750.2, 1754, 1780
nuisance arising out of operation of | 1924

Buyer, duty of | 3254

Bystander recovery | 1510

Camouflage |
lookout | 1056
speed | 1320

Capitalization of rental income, eminent domain | 8130

Care, ordinary, varies with circumstances | 1020

Caregiver, duty of | 1021

Carrier, common | 1025

Castle Doctrine | 2006.2

Cause |
Charge after verdict | 197
Chemical tests, intoxication | 1008
defined | 1500
informed consent cases | 1023.1, 1023.3, 1023.16, 1023.17
normal response | 1501
probable cause, malicious prosecution | 2605
proximate | 1500
relation of collision to physical injury | 1506
risk contribution theory | 3295
where cause of death is in doubt | 1505

Child |
and adult, comparative negligence | 1582
attractive nuisance | 1011, 8025
death of adult child, pecuniary loss | 1885
death of child, parents' loss of society and companionship | 1895
death of minor child, pecuniary loss | 1890
driver's duty when present | 1045
injury to parent | 1838
injury to parent, loss of society and companionship for death of parent | 1897
injury to, parents' damages, for loss of society and companionship | 1837
injury to, parents' damages, for medical expenses | 1840
injury to, parents' damages, for services rendered to child | 1845
injury to, parents' damages,for loss of child's services | 1835
negligence of | 1010
negligence of child compared with adult | 1582
parents' duty, negligent entrustmen | 1014
parents' duty, to control | 1013
parents' duty, to protect | 1012
trespasser | 8025, 8027

Chiropractor |
Circumstantial evidence | 230
determining treatability | 1023.9
duty to inform patient | 1023.15, 1023.16, 1023.17
negligence of | 1023.8, 1023.9

Civil rights |
See: Federal civil rights

Civil theft |
by contractor | 2722
by contractor of movable property of another | 2420

Closing instruction | 190, 191

Collateral source | 1756, 1757

College degree, delay in obtaining | 1760

Commitment |
of a mentally disabled person | 7050
of an alcoholic | 7070

Common carrier, negligence of, defined | 1025

Common motor carrier |
defined | 1339
stop at all railroad crossings | 1339

Common scheme or plan | 1740

Comparable sales, eminent domain | 8120

Comparative negligence |
adult and child | 1582
basis of comparison | 1580, 1585, 1590
multiple driver-multiple guest comparison | 1591
recommended questions | 1592
when negligence or cause question has been answered by the court | 1595

Compensatory damages |
See: Damages

Computer use, by jurors | 50

Concerted action | 1740

Condemnation |
See: Eminent domain

Conditional privilege |
defamation, abuse of | 2509
emergency vehicle | 1031
invasion of privacy, abuse of | 2552

Consortium, defined | 1815

Conspiracy |
affiliated corporations, between | 2808
defined | 2800
evidence of to be viewed as a whole | 2806
indirect proof | 2802
injury to business | 2820, 2822
overt acts | 2810
proof of membership | 2802
restraint of will | 2822

Construction workers, right of way | 1265

Constructive eviction | 3095

Consumer, duty of | 3254

Contact sports injury | 2020

Contractor |
building, contract damages | 3701, 3700
building, negligence of | 1022.4
independent, defined | 4060
liability of one employing | 1022.6
theft by | 2722

Contracts |
abandonment, mutual | 3078
agreement | 3010
ambiguous provisions | 3051
avoidance for mutual mistake of fact | 3072
breach | 3053
breach, by purchaser, damages | 3750
breach, by seller, damages | 375
building contracts, damages | 3700
consideration | 3020
damages, out-of-pocket rule | 3710
definiteness and certainty | 3022
definitions - "bona fide" | 3045
demand for performance | 3054
duration | 3049
employer's dissatisfaction | 3083
estoppel | 3074
frustration of purpose | 3070
good faith | 3044
hindrance or interference with performance | 3060
implied contract, general | 3024
implied contract, implied promise of no hindrance | 3046
implied contract, promise to pay reasonable value | 3026
implied contract, unjust enrichment | 3028
impossibility, act of God | 3066
impossibility, disability or death of a party | 3067
impossibility, original | 3061
impossibility, partial | 3063
impossibility, superior authority | 3065
impossibility, supervening | 3062
impossibility, temporary | 3064
indefinite duration | 3082
insurance contracts | See: Insurance
integration of several writings | 3040
interference with | 2780
landlord-tenant | 3095
modification, by conduct | 3032
modification, by mutual assent | 3030
novation | 3040
offer, acceptance | 3014
offer, making | 3012
offer, rejection | 3016
offer, revocation | 3018
partial integration, contract partly written, partly oral | 3042
real estate listing contract, broker's commission on sale subsequent to expiration of contract containing "extension" clause | 3090
real estate listing contract, termination for cause | 3088
real estate listing contract, validity, performance | 3086
rescission for nonperformance | 3076
sale of goods, delivery or tender of performance | 3056
subsequent construction by parties | 3050
substantial performance | 3052
termination of servant's employment additional consideration provided by servant | 3084
time as an element | 3048
tortious interference with | 2780
voidable contracts, duress, fraud, misrepresentation | 3068
waiver | 3057
waiver of strict performance | 3058

Contribution, risk | 3295

Contributory negligence |
defined | 1007
highway defect | 1048
of guest, failure to protect | 1047
of guest, intoxication | 1035
of guest, placing self in position of danger | 1049
of mentally disabled person | 1007, 1385.5
of patient and informed consent | 1007, 1023.4
of pedestrian, sidewalk defect | 1049
of rescuer | 1007.5

Control and management |
See: Management and control

Controlled intersection, right of way | 1150

Conversion |
damages | 2201
destruction of property | 2200.2
dispossession | 2200
failure to return upon demand | 2200.1

Corporate officers, liability of | 1005

Costs, reproduction, eminent domain | 8125

Counsel |
advice of, as defense, malicious prosecution | 2610
arguments of | 110
objection of | 115
reference to insurance company | 125

Course of dealing, implied warranty | 3203, 3206

Court |
appreciation of jury's services | 197
damage question answered by | 150
demeanor of | 120
finding in special verdict that one or more parties at fault | 108
negligence question answered by | 155
order striking testimony | 130
reference to insurance company | 125

Credibility of witnesses | 50, 215

Credible evidence, defined | 200

Crops, damages for injury to | 1806

Crossing arterial highway, lookout | 1065

Crossing roadway, pedestrian's duties |
See: Right of way

Crossing, railroad |
duty of railroad to maintain open view | 1411
duty of train crew | 1405

Crosswalk, pedestrian's rights and duties |
See: Right of way

Custom and usage, evidence of in determining negligence | 1019

Damages |
activation of latent disease or condition | 1720
aggravation of injury because of medical malpractice | 1710
aggravation of preexisting injury | 1715
attorney fees | 3760
automobile, loss of use | 1800
automobile, property | 1805
breach of contract building contracts | 3700, 3701
burden of proof | 202
by purchaser | 3750
by seller | 3755
bystander | 1510
collateral source | 1756, 1757
common scheme or plan | 1740
compensatory, burden of proof as to | 202
condemnation | See: Eminent domain
consortium | 1815
contracts, breach by purchaser | 3750
contracts, breach by seller | 3755
contracts, building | 3700
contracts, general | 3710
conversion | 2201
crops | 1806
damage question answered by the court | 150
death, wrongful, estate's recovery for medical, hospital, and funeral expenses | 1850
death, wrongful, estate's recovery for pain and suffering | 1855
death, wrongful, of adult child, pecuniary loss | 1885
death, wrongful, of child, parents' loss of society and companionship | 1895
death, wrongful, of husband, all items | 1861
death, wrongful, of minor child, pecuniary loss | 1890
death, wrongful, of parent, loss of society and companionship | 1897
death, wrongful, of parent, pecuniary loss | 1880
death, wrongful, of spouse, loss of society and companionship | 1870
death, wrongful, of wife, medical, hospital, and funeral expenses | 1875
death, wrongful, of wife, pecuniary loss | 1861
defamation, compensatory | 2516
defamation, punitive | 2520
disability, past and future, personal injury | 1750.1, 1750.2, 1766, 1767, 1768
divisible injuries from nonconcurrent or successive torts | 1722
dog bite | 1390
duty to mitigate | 1730, 1731
earnings, loss of, as | 1760, 1762
effects of inflation | 1797
eminent domain, change in grade | 8110
eminent domain, loss of access | 8110
eminent domain, severance | 8105
eminent domain, unit rule | 8100, 8101
eminent domain, unity of use, two or more parcels | 8107
emotional distress | 1770
enhanced injury | 1723
estate's recovery | 1850, 1855
fraud and deceit | See: Misrepresentation
future profits | 3725
general instruction on | 1700
in general | 1700
incidental | 3720
income, loss of, as | 1760, 1762
income, not taxable as | 1735
injury to a growing crop | 1806
injury to child, parents' damages, for loss of child's services | 1835
injury to child, parents' damages, medical expenses | 1840
injury to child, parents' damages, services rendered to child | 1845
injury to parent | 1838
injury to spouse, loss of consortium | 1815
injury to spouse, medical and hospital expenses | 1825
injury to spouse, nursing services | 1820
injury to spouse, wife's responsibility for her own | 1830
loss of consortium | 1815
loss of expectation | 3735
misrepresentation, basis for liability and damages | 2400
misrepresentation, fraud and deceit, measure of damages in sale or exchange of property | 2405
misrepresentation, negligence, out-of-pocket rule, fraud | 2406
misrepresentation, strict responsibility | 2405.5
mitigate, duty to | 1730, 1731
nominal | 1810
not taxable as income | 1735
personal injury, aggravation of injury because of medical malpractice | 1710
personal injury, aggravation of preexisting injury | 1715
personal injury, aggravation or activation of latent disease or condition | 1720
personal injury, disability | 1750.1, 1750.2, 1766, 1767, 1768
personal injury, earning capacity, impairment of, | 1750.1, 1750.2, 1760, 1762
personal injury, earnings, loss of, delay in obtaining a degree | 1760
personal injury, earnings, loss of, future | 1762
personal injury, earnings, loss of, past | 1760
personal injury, earnings, loss of, professional | 1785
personal injury, injuries from nonconcurrent or successive torts | 1722
personal injury, life expectancy and mortality tables | 1795
personal injury, loss of business, profits | 1760, 1762
personal injury, loss of professional earnings | 1760, 1762
personal injury, malpractice, lack of informed consent | 1741
personal injury, malpractice, offsetting benefit | 1742
personal injury, medical and hospital expenses, future | 1750.1, 1750.2, 1758
personal injury, medical and hospital expenses, past | 1750.1, 1750.2, 1756, 1757
personal injury, pain and suffering, future | 1750.1, 1750.2, 1767, 1768
personal injury, pain and suffering, past | 1750.1, 1750.2, 1766, 1768
personal injury, traumatic neurosis | 1770
present value of future damages | 1796
property, automobile, damage to | 1804
property, automobile, loss of use | 1800
property, personal, damage to | 1804
property, personal, destruction of | 1803
punitive, defamation | 2520
punitive, products liability | 1707A, 1707.2
punitive, when awarded | 1707, 1707.1
question answered by the court | 150
severance, change in grade | 8110
severance, defined | 8105
severance, loss of access | 8110
subsequent event causing further injury | 1725
termination of real estate listing contract by seller, broker's recovery | 3740

Deaf person, duty of | 1050

Dealership |
See: Fair Dealership Law

Death |
cause of in doubt | 1505
of child, parents' loss of society and companionship | 1895
of husband, all items | 1861
of minor child, pecuniary loss | 1890
of parent, pecuniary loss | 1880
of parent, society and companionship | 1897
of spouse, loss of society and companionship | 1870
of wife, medical, hospital, and funeral expenses | 1875
of wife, pecuniary loss | 1861
presumption of due care | 353

Deceive, defined | 3105

Defamation |
compensatory damages | 2516
conditional privilege, abuse of privilege | 2507
defined | 2501
express malice | 2513
Law Note | 2500
media defendant, abuse of constitutional privilege | 2509
private individual versus media defendant | 2509
private individual versus private individual | 2501
public figure | 2511
punitive damages | 2520
truth as defense | 2505, 2505A

Defective condition of car, host's liability | 1032

Defects |
highway | 8035
highway, contributory negligence | 1048
if known in a product, then no implied warranty | 3207
sidewalk | 8035
sidewalk, contributory negligence | 1049

Defense of property | 2006.5

Degree, delay in obtaining | 1760

Deliberation, process of | 191

Demeanor of judge, jury to ignore | 1023.15, 1023.16, 1023.17

Dentist |

Depositions, use of |
See: Preliminary instructions before trial

Destruction of personal property | 1803

Deviation |
ascertainment that movement can be made with reasonable safety | 1354
from clearly indicated traffic lanes | 1355
signal required | 1350

Directional signals | 1350

Disability, damages | 1750.1, 1750.2, 1766, 1767, 1768

Disabled vehicle, parking | 1125

Discharge, wrongful | 2750

Discovery | 950

Disease or condition, latent, aggravation or activation of, damages | 1720

Dissenting jurors, to sign verdict | 1112

Divided highway, pedestrians' rights | 1160

Divisible injuries | 1722

Doctor |
See: Physician

Dog bite | 1390

Dog owner or keeper, liability of |
common law | 1391
statutory | 1390

Domestic partner | 1861, 1870

Double damages, dog bite | 1390

Drinking by driver or guest, relation to negligence | 1035

Driver of automobile |
as servant | 1600
drinking by, relation to negligence | 1035
duties, approaching intersection when yellow light shows | 1192
duties, at railroad crossing | 1336, 1337
duties, entering intersection with green light in his favor | 1191
duties, following another | 1112
duties, preceding another, lookout | 1114
duties, preceding another, slowing or stopping, signalling | 1113
duties, when children present | 1045
inattentive | 1070
obstructed view | 1310
position on right side of roadway and exceptions | 1135, 1140
scope of employment | 1605
seat belt negligence | 1277

Driver's manual, use by jury | 255

Driveway |
emerging from a private driveway or other nonhighway access | 1355
left turn into | 1352

Due care, by highway users |
presumption of | 353
right to assume | 1030

Duties |

Duty to inform patient |
cause | 1023.3, 1023.17
chiropractor | 1023.15, 1023.16, 1023.17
dentist | 1023.15, 1023.16, 1023.17
medical | 1023.1, 1023.2, 1023.3, 1023.4
optometrist | 1023.15, 1023.16, 1023.17
podiatrist | 1023.15, 1023.16, 1023.17
special verdict | 1023.1, 1023.16

Duty to sound horn, nonstatutory | 1096

Duty, voluntary assumption of | 1397

Earnings, loss of |
business profits | 1750.1, 1750.2, 1760, 1762
delay in obtaining degree | 1760
impairment of earning capacity, future | 1762
past | 1750.1, 1750.2, 1760
professional | 1760, 1762

Economic loss doctrine | 2419

Economic waste | 3700

Emergency doctrine | 1105A

Emergency vehicle, approach of, right of way | 1210

Emergency vehicle, conditional privilege | 1031

Emerging from alley or other nonhighway | 1175, 1270, 1330, 1335

Emerging from, defined | 1270

Eminent domain |
access rights, defined | 8111
air rights, defined | 8112
assemblage | 8145
capitalization of rental income | 8120
change in grade | 8110
comparable sales | 8120
cost approach | 8135
fair market value, defined | 8100
fair market value, lands containing marketable deposits | 8105
fair market value, partial taking | 8101
income approach | 8130
inconvenience to landowner | 8125
legal nonconforming use | 8140
reproduction costs | 8135
severance damages |
special benefits | 8115
unit rule | 8100, 8101
unity of use | 8104

Emotional distress |
bystander | 1510
intentional infliction of | 2725
negligent infliction of | 1510, 1511

Employees of hospital |
See: Hospital employees

Employer |
duty of, safe-place statute | 1900.2
liability of one employing independent contractor | 1022
negligence of, safe-place statute | 1900.4
negligent supervision, training, or hiring by | 1383
vicarious liability of | 4055
wrongful discharge | 2750

Employment |
See: Agency
safe place | 1900.2, 1900.4
wrongful discharge | 2750

Enhanced injuries | 1723

Entering |
defined | 1175
from alley or nonhighway access point | 1175
or crossing through highway | 1065

Enterprise, joint, automobile | 1610

Entrustment, negligent | 1014, 1014.5

Equipment and maintenance of vehicles |
brakes | 1054
directional signals | 1350
general duty | 1052
general duty, 1052 headlights, 1053 | 1053
school bus, flashing red signals | 1133

Equitable actions, right to jury trial | 1

Estate's recovery |
for medical, hospital, and funeral expenses | 1850
for pain and suffering | 1855

Eviction, constructive | 3095

Evidence |
burden of proof | 200
burden of proof, "fraud" standard | 205
burden of proof, adverse possession | 200, 205
burden of proof, compensatory damages | 202
burden of proof, defined | 100
burden of proof, false imprisonment | 2105
burden of proof, higher civil standard | 205
burden of proof, medical or scientific treatise | 261
burden of proof, middle | 205
burden of proof, ordinary civil standard | 200
burden of proof, preliminary instruction | 50
circumstantial | 230
credibility of witnesses | 215, 415
driver's manual, use by jury | 255
expert testimony | 260, 265
failure to call witness | 410
false testimony | 405
falsus in uno | 405
general | 260
hypothetical question, | 265
inferences, permissive | 356
inferences, permissive, Law Note | 349
measurements, use of | 305
medical or scientific treatise | 261
negative testimony | 315
opinion of expert | 360
permissive inferences | 356
permissive inferences, Law Note | 349
physical facts, use of as | 325
positive testimony | 315
presumptions | 350-356
spoliation | 400
subsequent remedial measures | 358
summary of | 103
weight of | 215
witness, impeachment of | 420
witness, prior conviction of | 415
witness, prior inconsistent statement of | 420
witness, self-incrimination of | 425

Exhibits | 50, 100

Expert testimony |
general | 260
hypothetical question | 265

Express malice, defamation | 2518

Express warranty |
See: Products liability

Failure |
materiality of failure | 3116
of insured to cooperate | 3115
to examine product, implied warranty | 3208
to give notice to insurer | 3117
to protest, guest | 1047
to see object in plain sight | 1070
to use safety belt | 1277
to use safety helmet | 1278
to yield roadway, slow moving vehicles | 1305

Fair Dealership Law | 2769, 2670, 2671, 2772

Fair market value |
defined | 1803, 8100, 8105
lands containing marketable deposits | 8102
testimony by owner | 260

False arrest |
felony | 2115
reasonable grounds to believe offense committed | 2115

False imprisonment | 2100

False representative |
See: Misrepresentation

False testimony, willful | 405

Falsely represent, defined | 3100

Falsus in uno | 405

Fault, defined, ultimate fact verdict | 1001

Federal civil rights |
excessive force in arrest (in maintaining jail security) | 2155
Section 1981 actions | 2150
Section 1982 actions | 2150
Section 1983 actions | 2151

Fees, attorney | 3760

Felony, false arrest for | 2115

Fitness for particular purpose, warranty | 3202

Five-sixths verdict | 180

Fixed speed limits | 1290

Flammable liquid, defined | 1339

Flashing traffic signal |
red | 1133
yellow | 1090

Following car, operation of | 1112

Franchise, wrongful termination of | 2770

Fraud |
See: Misrepresentation
elements of | 2400, 2419

Frequenter |
defined | 1900.4, 1901
injury to, safe-place statute | 1900.4
negligence of, safe-place statute | 1902

Front car |
duty of preceding driver to following driver | 1114
slowing, stopping and signalling | 1113

Funeral |
burial expenses, wrongful death | 1850
Future and past disability, damages | 1750.1, 1750.2, 1766, 1767, 1768
Future damages, present value of | 1796
procession, right of way | 1180

Gas company |
duties relating to company's pipes, mains, and meters | 1003
duties relating to customer's pipes or appliances | 1002

General agent, defined | 4001

General benefit, eminent domain | 8115

General disability, one question as to | 1750.2

General verdict, submission on | 106

Good faith |
duty of | 3044
Lemon law | 3300

Gratuitous bailor, negligence of | 1025.8

Green arrow, traffic signal | 1185

Green light, entering intersection with | 1191

Green or go, traffic signal | 1190

Gross negligence |
See: Negligence
defined, intoxication not involved | 1006
reckless conduct | 1006, 2020

Growing crop, damage to | 1806

Guardianship | 7054, 7055, 7056, 7060, 7061

Guest |
automobile, active negligence, management and control | 1047.1
automobile, drinking of intoxicants, relation to negligence | 1035
automobile, failure to protest, contributing negligence | 1047
automobile, lookout, duty of with respect to | 1075
automobile, lookout, duty to warn | 1076
automobile, placing self in position of danger | 1046

Handicaps, physical, duty of persons with | 1050

Headlights |
automobile | 1053
railroads | 1412

Helmet negligence | 1277, 1278

Highway |
defects | 8035
defects, contributory negligence | 1048
defined | 1325A
divided, defined | 1160
entering from an alley or nonhighway access point | 1175
entering or crossing through highway | 1065
insufficiency | 8035
intersection, right of way | 1157
obstructions, public utility, non-energized facilities | 1395
users, right to assume due care | 1030
worker, right of way | 1265

Hiring, Negligent | 1383

Horn |
duty to sound when passing vehicles proceeding in same direction, statutory | 1144
failure to sound, duty, nonstatutory | 1096

Horse, liability of owner or keeper, common law | 1391

Hospital employees, negligence |
injury resulting from patient's inability to look out for own safety | 1385
registered nurses and licensed technicians performing skilled services | 1023.7
suicide or injury resulting from escape or attempted suicide | 1385.5

Hospital expenses |
estate's recovery for | 1850
injury to child | 1840
injury to spouse | 1825
personal injuries | 1750.1, 1750.2, 1756, 1757, 1758
wife's responsibility for own | 1830
wrongful death | 1850

Hospital licensed technicians |
See: Hospital employees

Hospital, negligence of, in granting staff privileges | 1384

Host-guest relationship |
agency, driver of automobile | 1600
contributory negligence of guest, placing self in position of danger | 1046
contributory negligence of guest, riding with host | 1047
danger | 1046
defective condition of car, host's liability | 1032
drinking by driver, relation to negligence | 1035
driver's management and control, limited skill | 1110
guest's duty as to lookout | 1075
joint enterprise, automobile cases | 1610

Hotel innkeeper |
duty to furnish reasonably safe premises and furniture for his guests | 8051
duty to provide reasonable security | 8050

Household member | 3110

Household services, loss of | 1816, 1817

Husband |
death of, damages, all items | 1861, 1870
injury to | See: Spouse

Hypothetical question, expert testimony | 265

Ignoring judge's demeanor | 120

Illness without forewarning | 1021.2

Immunity, abrogation of torts | 2900

Impairment of earning capacity |
See: Earnings

Impeachment of witness, prior inconsistent or contradictory statements | 420

Impeding traffic |
by reason of slow speed | 1300
failure to yield roadway | 1305

Implied authority, agency | 4010

Implied duty of good faith | 3044

Implied warranty |
See: Products liability

Imprisonment |
See: False imprisonment

Improper use, implied warranty | 3210

Imputed negligence, driver of automobile |
agency | 1600
joint adventure (enterprise) | 1610
scope of employment | 1605

Inattentive driving | 1070

Income approach, eminent domain | 8130

Income, damages award, not taxable as | 1735

Income, loss of | 1760, 1762

Incompetent person | 7054, 7055, 7056, 7060, 7061

Inconvenience to landowners, eminent domain | 8125

Independent contractor |
defined | 4060
liability of one employing | 1022.6

Inference |
self-incrimination | 425
spoliation | 420

Inflation, effects of | 1797

Infliction of emotional distress | 1510, 1511, 2725

Informed consent | 1023.2, 1023.3
causation | 1023.3
contributory negligence | 1007, 1023.4
contributory negligence, dentist | 1023.15, 1023.16, 1023.17
contributory negligence, optometrist | 1023.15, 1023.16, 1023.17
contributory negligence, podiatrist | 1023.15, 1023.16, 1023.17
duty of chiropractor | 1023.15, 1023.16, 1023.17
duty of physician | 1023.2
suggested verdict | 1023.1

Injuries, divisible | 1722

Injury |
aggravation of, because of medical malpractice | 1710
caused by subsequent event | 1725
enhancement of | 1723
from failure to wear safety belt | 1277
from fright | 1510
personal | See: Damages
preexisting, aggravation or activation of | 1715
relation of collision to physical injury | 1506
to child, parents' damages for loss of child's services | 1835
to child, parents' damages for medical expenses | 1840
to child, parents' damages for services rendered to child | 1845
to frequenter, safe place | 1900.4
to spouse, medical and hospital expenses | 1825
to spouse, medical and hospital expenses | 1830
to spouse, nursing services | 1820
to spouse, services, society, and companionship | 1815

Inspection, no duty of, express warranty | 3222

Insufficiency of highway or sidewalk | 8035

Insurance |
agent, negligence of | 1023.6
application for false representations | 3100
application for false representations, misrepresentation with intent to deceive | 3100
bad faith by insurance company | 2760, 2761, 2762
breach of, affirmative warranty | 3100
breach of, promissory warranty | 3105
failure of condition | 3105
failure of insured to cooperate | 3115
failure of insured to cooperate, materiality | 3116
failure to give notice to insurer | 3117
failure to give notice to insurer, materiality | 3118
household member | 3110
resident covered by | 3110

Intent, defined | 3100

Intentional deceit, misrepresentation |

Intentional tort | 2000
infliction of emotional distress | 2725
interference with contract | 2780
liability of minor | 2000
mitigation of damages | 1732
verdict in cases involving joint tortfeasors | 1580

Interrelationship of special verdict questions | 145

Intersection |
alley, stop emerging from | 1330
defined | 1325A
driver on arterial approaching | 1090
left turn at | 1195
lookout | 1090, 1191
of highways, right of way | 1157
pedestrians' right | 1158, 1159, 1160, 1165
right of way | 1325, 1325A See: Right of way

Intoxicants |
chemical tests | 1008
drinking by driver | 1035
drinking by guest | 1040
not involved in gross negligence | 1006
of driver | 1035

Intrusion, invasion of privacy | 2551

Invasion of privacy | 2550, 2551, 2552

Involuntary commitment of mentally ill person | 7050

Joint adventure, enterprise, automobile | 1610

Joint and several liability | 1740

Judge |
See: Court

Juror |
computer use by | 50
conduct during trial | 50
duties in general | 100, 103, 106, 107, 108, 110, 115, 120, 125, 130, 145, 150, 152, 155, 180, 190, 191, 195, 197
knowledge | 215
no obligation to discuss case | 197
questions | 57

Jury |
appreciation of services | 197
asking questions | 57
conduct of | 50
election of foreman | 190
not to discuss case after verdict | 197
note taking | 60, 61
reaching a verdict | 190
unable to agree, supplemental instruction | 195
use of driver's manual | 255
view | 152

Jury trial, right to | 1

Just compensation, eminent domain | 8100, 8105

Keeper or owner of animal, liability of |
common law | 1391
statutory | 1390

Knowledge of juror | 215

Landlord-tenant | 3095

Landowner, inconvenience to, eminent domain | 8135

Latent disease or condition, activation or aggravation of | 1720

Lay witness | 268

Leaving curb or place of safety, pedestrian | 1255

Leaving vehicle |
off the roadway | 1115
on or off the roadway, exception to prohibition | 1125
on the roadway | 1120
on the roadway, lights | 1130

Left side of road, driving on | 1135
violation excused | 1140

Left turn at intersection | 1195, 1352

Legal nonconforming use, eminent domain | 8140

Lemon Law | 3300, 3301, 3302, 3303, 3304

Liability |
of abettor, battery | 2007
of dog (animal) owner or keeper, common law | 1391
of dog owner or keeper, statutory | 1390
of employer | 4055
of host, defective condition of car | 1032
of minor, intentional tort | 2000
of one employing independent contractor | 1022.6
of principal for acts of agent | See: Agency
of proprietor for injury to patron caused by third person | 8045

Libel |
See: Defamation

Licensed technician, negligence of | 1023.7

Life expectancy and mortality tables | 1795

Lights, motor vehicle |
directional signals | 1350
flashing red, school bus | 1133
headlights, equipment, and maintenance | 1053

Limitations period | 950

Limited skill and judgment of host driver | 1110

Livestock |
on highway | 1200
right of way | 1200

Loitering on roadway, thumbing rides | 1250

Long term care providers, damages | 1757, 1815, 1870, 1897

Lookout |
approaching flashing yellow traffic signal | 1090
ascertainment that movement can be made with reasonable safety | 1354
backing | 1060
camouflage | 1056
driver on arterial approaching intersection | 1090
entering intersection on green light | 1191
entering or crossing through highway | 1065
failure to see object in plain sight | 1070
guest | 1075
guest's duty to warn | 1076
limited duty, on private property | 1080
limited duty, to rear | 1114
on through highway | 1090
passing, vehicles proceeding in same direction | 1141
pedestrian | 1095
turn or deviation | 1354

Loss of |
access, eminent domain | 8105
child's services | 1835
earnings | See: Earnings
society and companionship of domestic partner | 1870
society and companionship of parent | 1838
society and companionship of spouse | 1815, 1870
use of automobile, not repairable | 1801
use of repairable automobile | 1800

Magnuson-Moss Claim | 3310

Maintenance and equipment of vehicles |
See: Equipment and maintenance of vehicles

Maintenance workers on highway | 1265

Malice |
defined | 1707
express, defamation | 2513
punitive damages | 1707, 1707A

Malicious prosecution |
advice of counsel as defense | 2610, 2611
elements | 2600, 2605
instituting civil proceeding | 2605
instituting criminal proceeding | 2600

Malpractice |
aggravation of injury because of medical malpractice | 1710
attorney | 1023.5, 1023.5A
cause, medical, informed consent cases | 1023.3
chiropractor | 1023.8, 1023.9
dentist | 1023.14
nurse | 1023.7
physician | 1023
professional | 1023.5
psychiatrist | 1023
res ipsa loquitur | 1024

Management and control |
defined | 1105
in an emergency | 1105A
negligence of guest, active | 1047.l

Manufacturer, negligence of |
See: Products liability

Market value, property damaged | 1804, 1805

Master and servant |
See: Servant

Measurements, evidence | 305

Medical expenses |
See: Hospital expenses

Medical negligence | 1023
informed consent | 1023.2
informed consent, cause | 1023.3
res ipsa loquitur | 1024

Medical technician |
See: Hospital employees

Medical treatise | 261

Meeting and passing |
position on highway | 1135
violation excused | 1140

Meeting at intersection of highways, right of way | 1155

Member of household | 3110

Mentally disabled |
See: Protective placement
contributory negligence of | 1007, 1021, 1385.5
involuntary commitment | 7050
negligence of | 1021

Merchantability, defined | 3201

Middle burden of proof | 205

Military convoys, right of way | 1180

Minor |
attractive nuisance | 1011
death of, pecuniary loss | 1890
liability of, intentional tort | 2000
parents' duty, to control | 1013
parents' duty, to protect | 1012

Misrepresentation, fraud |
bases for liability and damages | 2400
damages, measure of, in actions involving sale or exchange of property | 2405
damages, out-of-pocket rule, negligent misrepresentation | 2406
insurance, application with intent to deceive | 3105
insurance, in application for insurance | 3100
intentional deceit, elements of fraud | 2401
negligence | 2403
property loss (Wis. Stat. § 895.80) | 2419
strict responsibility | 2402
strict responsibility, under Wis. Stat. § 100.18 | 2418
unfair trade practice | 2418
verdicts suggested | 2402, 2403

Mistake of fact, mutual, avoidance of contract, because of | 3072

Mitigation of damage |
breach of contract | 1731
intentional torts | 1732
negligence | 1731
physical injuries | 1730

Modification or exclusion of the implied warranty | 3205

Mortality tables and life expectancy | 1795

Motor vehicles |

Moving from parked position | 1205

Multiple driver-multiple guest comparison | 1591
recommended questions | 1592

Municipality, creating or maintaining nuisance | 1922

Mutual mistake of fact, avoidance of contract, because of | 3072

Negative testimony, defined | 315

Negligence |
attorney | 1023.5, 1023.5A
bailee | 1026
bailee, for hire | 1025.6
bailee, for mutual benefit | 1025.7
bailee, inferred | 1026
bailor | 1026.8
building contractor | 1022.4
bus driver | 1025
carrier, common | 1025
carrier, negligence presumed | 1026.5
children | 1010
chiropractor | 1023.8, 1023.9
common carrier | 1025
comparative, adult and child | 1582
comparative, basis of comparison | 1580
comparative, multiple driver-multiple guest comparison | 1591
comparative, recommended questions | 1592
comparative, where negligence or cause question has been answered by the court | 1595
contributory, defined | 1007
contributory, highway defect | 1048
contributory, of guest, drinking by | 1035
contributory, of guest, failure to protest | 1047
contributory, of guest, in informed consent case | 1021
contributory, of guest, placing self in position of danger | 1046
contributory, of mentally disabled person | 1021
contributory, of plaintiff frequenter, safe-place statute | 1902
contributory, sidewalk defect | 1049
defamation | 2509
defined | 1005
dentist | 1023.14
diagnosis | 1023.4
driver |
driver, approaching intersection when yellow light shows | 1192
driver, at railroad crossing | 1336
driver, children, when present | 1045
driver, drinking | 1035
driver, entering intersection with green light in his or her favor | 1191
driver, entering or crossing arterial highway | 1065
driver, following another car | 1112
driver, front car | 1114
driver, front car, slowing, stopping, or signalling | 1113
driver, highway defect or insufficiency | 1048
driver, horn, to sound | 1012
driver, lookout, defined | 1055
driver, lookout, private property | 1080
driver, management and control | 1047.l, 1105
driver, speed, nighttime | 1315
driver, speed, obstructed vision | 1310
driver, to see defects | 1048
duty of, agent to principal | 4020
duty of, buyer | 3254
duty of, consumer | 3254
emergency doctrine | 1105A
employer, in hiring | 1383
employer, in hiring, training, or supervising | 1383
employer, in supervising | 1383
employer, in training | 1383
employer, safe place | 1900.2
employer, safe-place statute | 1900.4
entrustment | 1014, 1014.5
evidence of custom and usage | 1019
fault, ultimate fact verdict | 1001
frequenter, safe place | 1902
frequenter, safe-place statute | 1902
gas company, relating to company's pipes, mains, and meters | 1003
gas company, relating to company's pipes, mains, and meters | 1003
gas company, relating to customer's pipes and appliances | 1002
gas company, relating to customer's pipes or appliances | 1002
gross | See: Gross negligence
guest | See: Contributory negligence
handicapped persons, physical | 1050
handicapped persons, sensory | 1050
highway defect | 1049
highway defect or insufficiency | 1048
highways and sidewalks, care of | 8035
hiring | 1383
hospital employees, employees | 1385, 1385.5
hospital employees, registered nurses and technicians | 1023.7
hospital, employees | 1385, 1385.5
hospital, registered nurses and technicians | 1023.7
hotelkeeper, to furnish reasonably safe premises and furniture for his guests | 8051
imputed | See: Imputed negligence
independent contractor, liability of one employing | 1022.6
infliction of emotional distress | 1510, 1511
informed consent | 1023.1, 1023.2, 1023.3, 1023.4, 1023.15, 1023.16, 1023.17
informed consent | 1023.1, 1023.2, 1023.3, 1023.4
insurance agent | 1023.6
intentional acts compared to | 1004, 2001
jurors, in general | 100-195
licensed technician | 1023.7
lookout | 1055
malpractice, attorney | 1023.5
malpractice, chiropractor | 1023.08
malpractice, dentist | 1023.14
malpractice, physician | 1023
malpractice, res ipsa loquitur | 1024
management and control | 1047.l, 1105
manufacturer | See: Products liability
manufacturer | See: Products liability
mentally ill | 1021
mentally ill | 1021, 1385.5
misrepresentation | 2403
mitigate damages, injured person | 1730, 1731
municipality, highway and sidewalk defect | 8035
municipality, highway and sidewalk insufficiency | 8035
municipality, highway or sidewalk defects and insufficiency | 8035
municipality, nuisance | 1922
nurse | 1023.7
owner | See: Owner
owner of animal, common law | 1391
owner of animal, per se | 950
owner of animal, statutory | 1390
owner, of building on public highway | 8030
owner, of land to user | 8020
owner, of place of amusement | 8040
owner, of place of business, duty to protect patrons | 8045
owner, of public building, safe place | 1904
owner, of public business, not safe place | 8040
owner, of vehicle, to equip and maintain | 1052
owner, to trespasser | 8025
parent, to control minor child | 1013, 1014
parent, to protect minor child | 1012
pedestrian | See: Right of way
pedestrian, lookout | 1095
pedestrian, sidewalk defect or insufficiency | 1049
physically handicapped person | 1050
physically handicapped persons | 1050
physician, malpractice, by | 1023
physician, malpractice, res ipsa loquitur | 1024
place of amusement, owner | 8040
place of business, owner's duty to protect patrons | 8045
plaintiff frequenter | 1902
possessor of land to user | 8012
private nuisance | 1920
product user | 3268
proprietor for injury to patron caused by third person | 8045
psychiatrist | 1023
public utility, highway obstructions, non-energized facilities | 1395
question answered by court | 155
railroad | See: Railroads
railroad crossing, driver's duty | 1336
registered nurse | 1023.7
res ipsa loquitur, defined | 1145
res ipsa loquitur, malpractice, physician | 1024
rescuer | 1007.5
restaurant operator, sale of food containing harmful natural ingredients | 3248
restaurant operator, sale of food, containing harmful natural ingredients | 3248
right to assume due care by highway users | 1030
risk contribution | 3294, 3295
school bus driver, and other drivers when bus is stopped | 1132
school bus driver, to display flashing red signals when bus is stopped | 1133
seat belt, failure to use | 1277
seller | See: Products liability
seller | See: Products liability
sensory handicapped persons | 1050
sensory handicapped persons | 1050
sidewalk defect |
sidewalk defect, duty of pedestrian | 1049
speed | See: Speed
sports participant | 2020
strict liability | 3260
subsequent remedial measures | 358
superior skills doctrine |
supervision |
supplier | See: Products liability
taxicab driver | 1025
teacher, instruct or warn | 1380
teacher, supervise students | 1381
teacher, to instruct or warn | 1380
teacher, to supervise students | 1381
technicians | 1023.7
training | 1383
user, strict liability | 3260
violation of safety statute | 1005, 1009
worker, preoccupation in work minimizes duty | 1051
worker, preoccupation in work minimizes duty | 1051

Negligent |
conduct contrasted to intentional conduct | 1004, 2001
entrustment | 1014, 1014.5
hiring | 1383
infliction of emotional distress | 1510, 1511
misrepresentation | 2403
supervising | 1383
training | 1383

No passing zone, vehicles proceeding in same direction | 1143

Nominal damages | 1810

Nonconcurrent or successive torts divisible injuries from | 1722

Nonconforming use, legal, eminent domain | 8140

Nonexpert witness | 268

Nonhighway access, emerging from | 1270

Normal response, cause | 1501

Notetaking by jury, cause | 60, 61

Notice |
actual or constructive, as to defect | 1900.4
of breach, implied warranty | 3211
of municipality with respect to highway or sidewalk defects, implied warranty | 8035
timeliness of, breach of warranty | 3211
to third parties of termination of agency | 4028

Nuisance |
attractive | 1011, 8025
private | 1920, 1922, 1924, 1926
public | 1920, 1928, 1930, 1932

Nursing services |
injury to spouse | 1820
personal injury | 1756, 1758

Objections of counsel |
instruction at conclusion of trial | 115
preliminary instruction | 50

Obstructed view, passing | 1142

Obstructed vision, driver, |
nighttime | 1315
speed | 1310

Offensive bodily contact, battery | 2005.5

Offer, making | 3012

Opening instruction | 100

Opening statements of counsel |
See: Preliminary instructions before trial

Opinion of nonexpert witness | 268

Optometrist, duty to inform patient | 1023.15, 1023.16, 1023.17

Order of proof |
See: Preliminary instructions before trial

Order(s) |
See: Court

Ordinary burden of proof | 200, 202

Ordinary care |
defined | 1005
varies with circumstances | 1020

Out-of-pocket rule |
damages | 3710
negligence misrepresentation | 2406

Owner |
dog | 1390
duty to trespasser | 8025
duty to user | 8020
of building abutting on a public highway | 8030
of place of amusement, common law | 8040
of place of business, duty to protect patrons | 8045
of place of employment, safe place | 1900.4
of public building, safe place | 1904
of public business not under safe-place statute | 8040
of vehicle | 1600
permission for use of automobile | 3112
testimony of, to establish value | 260

Pain and suffering, damages |
estate's recovery for | 1855
future | 1768
past | 1766, 1768
past and future disability | 1750.1, 1750.2, 1756, 1767

Parent |
damages, adult child, pecuniary loss | 1885
damages, death of, pecuniary loss | 1880
damages, injury to child |
damages, injury to child, loss of child's services | 1835
damages, injury to child, loss of society and companionship | 1837
damages, injury to child, medical expenses | 1840
damages, injury to child, services rendered to child | 1845
damages, injury to parent | 1838
damages, loss of society and companionship | 1895
damages, minor child, postmajority pecuniary loss | 1892
damages, minor child, premajority pecuniary loss | 1890
death of, child's loss of society and companionship | 1897
duty of, to control minor child | 1013, 1014
duty of, to protect minor child | 1012
paternity | 5001

Parked position, moving from | 1205

Parked vehicle |
disabled vehicle | 1125
leaving off the roadway | 1115
leaving on or off the roadway, exception to prohibition | 1125
leaving on the roadway | 1120
yield right of way to moving vehicles | 1205

Parties to lawsuit | 50

Partnership, defined | 4080

Passenger |
See: Guest

Passing, vehicles proceeding in same direction |
lookout | 1141
no passing zone | 1143
obstructed view | 1142
overtaken vehicle turning left | 1143
signal, return to right-hand lane | 1144

Paternity | 5001

Pecuniary loss |
death of, adult child | 1885
death of, domestic partner | 1861
death of, husband | 1861
death of, minor child | 1890
death of, parent | 1880
death of, spouse | 1861
death of, wife | 1861

Pedestrian |
crossing railroad tracks | 1337.5
lookout | 1095
right of way | See: Right of way
sidewalk defect, contributory negligence | 1049
standing or loitering on highway | 1250
suddenly leaving curb or place of safety | 1255
walking on highway, position on highway | 1260

Permission of owner for use of automobile | 3112

Permissive inferences | 356
Law Note | 349

Personal injury |
See: Damages

Personal property |
See: Property

Persons in specific situations, duties of | 1030-1355
defects | 1048, 1049
disability | 1050
due care | 1030
emergency vehicles | 1031, 1032, 1035, 1045, 1210
emerging vehicles | 1330, 1335
equipment and maintenance of vehicles | 1052, 1053, 1054
lookout | 1055, 1056, 1060, 1065, 1070, 1075, 1076, 1080, 1090, 1095, 1096
management and control | 1105, 1105A, 1107, 1112, 1113, 1114
parked, stopped vehicles | 1115, 1120, 1125, 1132, 1133, 1340
passengers | 1046, 1047, 1047.1
passing vehicles | 1135, 1140, 1141, 1142, 1143, 1144, 1145
railroads | 1336, 1337, 1337.5, 1338, 1339
right of way, emergency vehicle | 1210
right of way, highway intersections | 1153, 1155, 1157, 1175
right of way, livestock | 1200
right of way, parked and stopped | 1205, 1270
right of way, pedestrians | 1158, 1159, 1160, 1161, 1165, 1170, 1220
right of way, pedestrians | 1225, 1230, 1235, 1240, 1245, 1250, 1255, 1260
right of way, processions and convoys | 1180
right of way, signals and signs | 1185, 1190, 1190.5, 1191, 1192, 1193, 1193.5, 1195, 1220, 1275
right of way, workers | 1265
safety equipment | 1277, 1278
speed and control | 1280, 1285, 1290, 1295, 1300, 1305, 1310, 1315, 1320
stopping | 1325, 1325A, 1330
turning or movement | 1350, 1352, 1354, 1355
workers | 1051, 1051.2

Persons with physical handicaps, duties of | 1050

Physical danger, in field of | 1510

Physical facts | 325

Physical handicaps, duty of persons with | 1050

Physical injury, relation of collision to | 1506

Physician |
duty to inform patient | 1023.2
medical malpractice | 1023
negligence of hospital in granting staff privileges to | 1384
standard of skill | 1023

Place of business, owner's duty to protect patrons | 8045

Place of employment, safe-place statute | 1910

Plaintiff frequenter, negligence of, safe-place statute | 1902

Podiatrist, duty to inform patient | 1023.15, 1023.16, 1023.17

Point of access, defined | 1175

Position and method of turn to right or left | 1352

Position on highway |
on meeting and passing | 1135
violation excused | 1140

Positive testimony, defined | 315

Possessor |
consent of to another's being on his premises | 8015
of land, duty to user | 8020

Post-traumatic disorder | 1511, 1770

Posted speed limit | 1290

Preceding car |
duty of driver to following driver | 1114
slowing, stopping, signalling | 1113

Preexisting injury, aggravation of | 1715

Preliminary instructions before trial | 50

Preoccupation in work minimizes duty of worker | 1051

Present value of future damages | 1796

Presumption, negligence |
res ipsa loquitur | 1145
res ipsa loquitur, malpractice, physician | 1024

Presumptions |
and permissive inferences, Law Note | 349
basic fact conflict, possibility of nonexistence of presumed fact | 350
basic fact conflict, presumed fact may be inferred | 354
basic fact uncontradicted, possibility of nonexistence of presumed fact | 352
due care by decedent | 353
medical expenses | 1756, 1757
possibility of nonexistence of presumed fact, basic fact conflict | 350
possibility of nonexistence of presumed fact, basic fact uncontradicted | 352
presumed fact may be inferred, basic fact conflict | 354
servant status from ownership of vehicle | 1600

Principal, and agent |
See: Agency

Prior conviction of witness | 415

Prior inconsistent or contradictory statements | 420

Privacy, invasion of | 2550, 2551, 2552

Private driveway, emerging from or other nonhighway access | 1335

Private nuisance | 1920, 1922, 1924, 1926

Private property, lookout, limited duty on | 1080

Privilege |
against self-incrimination | 425
conditional, abuse of, defamation | 2507
invasion of privacy | 2552
public official, abuse of, defamation | 2509

Probable cause, malicious prosecution | 2600, 2610

Process, abuse of | 2620

Procession, funeral, right of way | 1180

Products liability |
allergy of user | 3209, 3260
basis | 3200
breach of warranty, notice of, implied warranty | 3211
business defined, strict liability | 3264
buyer, duty of | 3254
consumer, duty of | 3254
contributory negligence, strict liability | 3268
defect, use of product after defect known | 3207
exclusion by reason of course of dealing or usage of trade | 3206
exclusion or modification | 3205
express warranty, general | 3220
express warranty, no duty of inspection | 3222
express warranty, statement of opinion under Uniform Commercial Code | 3225, 3230
implied warranty, allergy of user | 3209
implied warranty, by reason of course of dealing or usage of trade | 3203
implied warranty, exclusion by reason of course of dealing or usage of trade | 3206
implied warranty, failure to examine product | 3208
implied warranty, fitness for particular purpose | 3202
implied warranty, food, sale of | 3204
implied warranty, improper use | 3210
implied warranty, merchantability, defined | 3201
implied warranty, notice of breach | 3211
implied warranty, use of product after defect known | 3207
negligence, duty of buyer | 3254
negligence, duty of consumer | 3254
negligence, duty of manufacturer | 3240
negligence, duty of manufacturer (seller) to warn of dangers with respect to intended use | 3242
negligence, duty of manufacturer (seller) who undertakes to give instructions as to the use of a machine (product) | 3246
negligence, duty of manufacturer to give adequate instructions as to the use of a complicated machine (product) | 3244
negligence, duty of restaurant operator in sale of food containing harmful natural ingredients | 3248
negligence, duty of seller installing (servicing) a product | 3250
negligence, duty of seller to warn of dangers of product with respect to intended use | 3242
punitive damages | 1707A, 1707.2
Restatement, Third, of Torts | 3260
risk contribution theory | 3294, 3295, 3296
strict liability, comparative negligence | 3290, 3290.1
strict liability, contribution | 3290
strict liability, contributory negligence of user | 3268, 3290, 3290.1
strict liability, definition of business | 3264
strict liability, duty of manufacturer (supplier) to warn | 3260.1, 3262
strict liability, duty of manufacturer to ultimate user | 3260, 3260.1
strict liability, duty of supplier to warn | 3260.1, 3262
strict liability, suggested special verdict | 3290, 3290.1

Professional earnings, loss of | 1760, 1762

Proof, burden of |
See: Burden of proof

Property |
automobile, damages to | 1805
automobile, loss of use, not repairable | 1800
automobile, loss of use, repairable | 1801
eminent domain | See: Eminent domain
personal, damage to | 1804
personal, damage to, property not repairable | 1805
personal, destruction of | 1803
relation of property owners to others | 1900.4, 1904, 8012
with market value | 1805
without market value | 1803

Property loss through misrepresentation | 2419

Proprietor of business, duty to protect person from injury by act of third person | 8045

Prosecution, malicious |
See: Malicious prosecution

Protective placement | 7060

Protective services | 7061

Protest, failure to on part of guest | 1047

Proximate cause | 1500

Psychiatrist, negligence of | 1023

Public building, safe-place statute | 1904

Public business, not under safe-place statute, duties of owner | 8040

Public nuisance | 1920, 1928, 1930, 1932

Public official, defamation, abuse of privilege | 2509

Public utility, duty of, highway obstructions, nonenergized facilities | 1395

Publication, defamatory effect of | 2514

Puffing | 3225

Punitive damages |
defamation | 2520
intentional disregard | 1707.1
malice | 1707, 1707.1
mitigation of, by provocation of battery | 1708
outrageousness | 1707
products liability | 1707A, 1707.2

Purchaser, breach of contract by | 3750

Quantum meruit | 1812

Questions |
answered by the court damages | 150
by juror | 57
negligence | 155
special verdict, interrelationship | 145

Racing | 1107

Railroads |
crossing, driver's duty | 1336
crossing, duty of train crew approaching crossing | 1405
crossing, duty to maintain open view at | 1411
crossing, nonoperation of signals | 1338
crossing, signs, duty to maintain | 1410
crossing, special vehicles required to stop at all crossings | 1339
crossing, ultrahazardous or unusually dangerous, increased duty | 1413
crossing, vehicles stopping at signals | 1337
duty to blow whistle, outside municipality | 1402
duty to blow whistle, within municipality | 1403
duty to ring bell within municipality | 1401
headlights, duty to have proper | 1412
pedestrian crossing tracks | 1337.5
speed, fixed limits | 1407
speed, negligent, causation | 1409
speed, no limit | 1408

Ratification |
by master of servant's wrongful acts done outside scope of employment | 4050
of agent's acts by principal | 4015

Rear car, operation of | 1112

Rear lookout, limited duty | 1114

Reasonable grounds to believe offense committed, defined | 2115

Recording played to the jury | 80

Red traffic control light | 1193
flashing | 1193.5
signalling stop | 1193

Reduce speed |
obstructed vision | 1310
obstructed vision, nighttime | 1315
reasonable and prudent speed | 1285

Reference to insurance company by counsel | 125

Registered nurse |
See: Hospital employees

Relation of collision to physical injury | 1506

Release, agreement, avoidance of for mutual mistake of fact | 3072

Rental income, capitalization of | 8130

Representations, false |
See: Misrepresentation

Reproduction costs, eminent domain | 8135

Res ipsa loquitur |
defined | 1145
malpractice, medical | 1024
permissive inference | 356

Rescuer, contributory negligence of | 1007.5

Resident, defined | 3110

Response, normal, cause | 1501

Responsibility, strict, misrepresentation | 2402

Restatement, Third, of Torts, effect on products liability | 3260

Restaurant operator, duty of, in sale of food containing harmful natural ingredients | 3248

Restraint of will | 2822

Right of way |
at intersection with through, emergency vehicle approach of | 1210
at intersection with through, entering highway from an alley or nonaccess points | 1175
at intersection with through, funeral procession | 1180
at intersection with through, green arrow | 1185
at intersection with through, green or go signal | 1190
at intersection with through, highway | 1153
at intersection with through, left turn at intersection | 1195
at intersection with through, livestock | 1200
at intersection with through, meeting at intersection | 1155
at intersection with through, military convoy | 1180
at intersection with through, moving from parked position | 1205
at intersection with through, vehicles using alley or nonhighway access | 1270
at intersection with through, when yield sign installed | 1275
auto, at intersection of highways, nonarterial | 1155
auto, at intersection of highways, nonarterial, ultimate fact question | 1157
highway worker | 1265
livestock | 1200
pedestrian, at intersections or crosswalks on divided highways provided with safety zones | 1160
pedestrian, at uncontrolled intersections or crosswalks | 1165
pedestrian, blind pedestrian on highway | 1170
pedestrian, control signal | 1159, 1220
pedestrian, crossing at controlled intersection | 1158, 1225
pedestrian, crossing at place other than crosswalk | 1095, 1230
pedestrian, divided highways or highways with safetyzones | 1235
pedestrian, duty of, at pedestrian control signals | 1220
pedestrian, duty of, crossing at controlled intersection or crosswalk | 1225
pedestrian, duty of, crossing roadway at point other than crosswalk | 1230
pedestrian, green arrow, facing | 1240
pedestrian, red or stop signal, facing | 1245
pedestrian, standing or loitering on highway | 1250
pedestrian, to stop when vehicle using alley or nonhighway access | 1270
pedestrian, uncontrolled intersection or crosswalk, suddenly leaving curb or place of safety | 1255
pedestrian, walk signal | 1159
pedestrian, walking on highway | 1260
pedestrian, when yield sign installed | 1275
persons working on highway | 1265

Right side of roadway, meeting and passing violation excused | 1135

Right side of roadway, meeting and passing violation excused | 1140

Right to assume due care by highway users | 1030

Right-hand lane, return to, after passing, vehicles proceeding in same direction | 1144

Risk contribution theory | 3294, 3295, 3296

Roadway, defined | 1160

Safe-place statute |
business | 1910
control | 1911
duty of employer | 1900.2
frequenter, defined | 1901
frequenter, injury to | 1900.4
negligence of, employer | 1900.4
negligence of, owner of place of employment | 1900.4
negligence of, owner of public building | 1904
negligence of, plaintiff frequenter | 1902
place of employment, defined | 1910
public building, defined | 1904
public business not under, duties of owner | 8040

Safety belt, failure to use | 1277

Safety helmet negligence | 1277, 1278

Safety statute | 1005, 1009

Safety zone, defined | 1160

Safety, defined | 1900.4, 1901, 1902, 1904

Sale of food, implied warranty | 3204

Sales, comparable, eminent domain | 8120

Scene, view of, by jury | 152

School bus |
flashing red warning lights | 1133
stop for | 1340
stopped, position on highway | 1132

School zone, speed | 1290

Scientific treatises | 261

Scope of employment |
driver | 1605
servant, defined | 4030
servant, going to and from place of employment | 4040
servant, master's ratification of wrongful acts done outside of | 4050
servant, while traveling | 4050

Seat belt, failure to use | 1277

Section 1983 | 2151, 2155

Self-defense |
battery | 2006
defense of property | 2006.5

Self-incrimination | 425

Seller |
breach of contract by, damages | 3755
negligence of, duty of | See: Products liability

Sensory handicaps, duty of persons with | 1050

Servant |
See: Scope of employment
defined | 4030
driver of automobile | 1600

Services rendered to child, past and future | 1845

Services, society and companionship |
death of child | 1895
death of spouse | 1870
injury to spouse | 1815

Severance damages, eminent domain | 8102, 8103

Sidewalk |
defect, contributory negligence | 1049
defects | 8035
insufficiency | 8035

Signal, required |
audible warning when passing | 1144
deviation | 1350
school bus, flashing red | 1133
slow or stop | 1113
turn | 1350

Signals, railroad crossing |
non-operation of | 1338
stop at, all vehicles | 1337

Signals, traffic control |
See: Traffic signals

Signs |
railroad crossing, duty to maintain | 1410
stop | 1325, 1325A

Skidding | 1280

Slander |
See: Defamation

Slow moving vehicles | 1300

Society and companionship |
death of child | 1895
death of parent | 1897
death of spouse | 1870
injury to minor child | 1837
injury to parent | 1838

Special agent, defined | 4002

Special benefits, eminent domain | 8115

Special circumstances, negligence under | 1020

Special knowledge and skills doctrine | 1005

Special verdict |
five-sixths verdict | 180
informed consent | 1023.1, 1023.15
Lemon Law | 3300
mentioned in court's opening statement | 100
questions, interrelationship | 145
recommended, comparative negligence, multiple driver-multiple guest comparison | 1592
risk contribution | 3294
suggested, misrepresentation | 2402, 2403
suggested, strict liability | 3290
ultimate fact verdict | 107
when court finds one or more parties at fault | 108

Speed |
camouflage | 1320
driver on arterial not bound to reduce speed when approaching intersection | 1090
failure to yield roadway | 1305
fixed limits | 1290
impeding traffic | 1300
obstructed vision | 1310
obstructed vision, nighttime | 1315
posted limit | 1290
reasonable and prudent, reduced speed | 1285
school zone | 1290
slow-moving vehicles | 1305
special restrictions for certain vehicles | 1295

Speed, railroads |
fixed limits | 1407
negligent speed, causation | 1409
no limit | 1409

Spendthrift | 7056

Spoliation of evidence | 400

Sports participant injury | 2020

Spouse |
death of, loss of society and companionship | 1870
death of, medical, hospital, and funeral expenses | 1875
death of, pecuniary loss | 1861
injury to, household services, loss of | 1816, 1817
injury to, medical and hospital expenses | 1825
injury to, medical and hospital expenses | 1830
nursing services | 1820
nursing services, services, society, and companionship | 1815, 1816, 1817

Standing on highway, pedestrian's duty | 1250

Statement of opinion, express warranty | 3225

Statement, slander |
See: Defamation

Statute of Limitations | 950

Stop |
at intersection | 1325, 1325A
at railroad crossing signals | 1337
duty of preceding driver to signal | 1113
emerging from a private driveway or other nonhighway access | 1335
emerging from an alley | 1330
for school bus | 1340
leaving vehicle off roadway | 1115
non-operation of railroad crossing signals | 1338
parking on or off roadway, exception to prohibition | 1125
parking on roadway | 1120
pedestrian crossing railroad tracks | 1337.5
special vehicles at all railroad crossings | 1339
train whistle within municipality | 1403

Stopped school bus | 1132

Stopping and leaving vehicle |
off roadway | 1115
on or off roadway, exception to prohibition | 1125
on roadway | 1120

Stricken testimony | 130

Strict liability |
See: Products liability

Strict responsibility, misrepresentation | 2402

Submission on general verdict | 106

Submission on ultimate fact verdict | 107
when court finds one or more parties at fault | 108

Subsequent event causing further injury | 1725
subsequent remedial measures | 358

Successive or nonconcurrent torts injuries from | 1722

Suddenly leaving curb or place of safety | 1255

Summary exhibit | 103

Superior skills doctrine | 1005

Supervising, negligence in | 1383

Supplemental instruction on agreement | 195

Taxicab driver, negligence of | 1339

Teacher, duties |
to instruct or warn | 1380
to supervise students | 1381

Tenant, constructive eviction of | 3095

Termination |
agency, general | 4027
agency, notice to third parties | 4028
dealership | 2770
employment | See: Wrongful discharge
expert, general | 260
expert, hypothetical question | 265
franchise | 2770
negative | 315
positive | 315
stricken | 130

Tests, intoxication, chemical | 1008

Textbooks | 261

Theft by contractor | 2722

Through highway, lookout on | 1065, 1090

Timeliness of notice, breach of warranty | 3211

Tort (See individual headings) |

Tortious interference with contract | 2780

Traffic signals or signs |
flashing red | 1133
flashing yellow | 1090
green arrow | 1185
green light | 1190
pedestrian, duty of, pedestrian control | 1220
pedestrian, duty of, red light, pedestrian facing | 1245
pedestrian, duty of, stop sign | 1245
pedestrian, duty of, walk signal | 1159
red flashing | 1090
red light | 1245
stop sign | 1325, 1325A
yellow flashing | 1090
yellow light | 1192
yield sign | 1275

Training, negligence in | 1383

Treatises | 261

Trespass |
nominal damages | 1810
verdicts | 8026, 8027

Trespasser |
attractive nuisance | 1011, 8025
children | 1011, 8025
consent | 8015
defined | 8012
duty of owner to | 8025

Truth as defense to defamation | 2505, 2505A

Turning movements |
ascertainment that turn can be made with reasonable safety | 1354
deviation from clearly indicated traffic lanes | 1355
directional signals | 1350
left turn | 1195
lookout | 1354
overtaken vehicle turning left, passing | 1143
position and method when not otherwise marked or posted | 1352
position and method when not otherwise marked or posted, signal required | 1350

Ultimate fact question, attractive nuisance | 1011

Ultimate fact verdict |
See: Special verdict
fault, defined | 1001
submission on | 107, 108

Ultimate verdict question, right of way at intersection of nonarterial highways | 1157

Ultrahazardous or unusually dangerous railroad crossings, increased duty | 1413

Unavoidable accident | 1000

Uncontrolled intersection or crosswalk, right of way | 1165

Unfair trade practice (Wis. Stat. § 100.18) | 2418

Uniform Commercial Code, express warranty under | 3230

Unit rule | 8100, 8101

Unity of use, two or more parcels, severance damages | 8104

Unjust enrichment | 3028

Unlawful, defined, false imprisonment | 2100

Unreasonably dangerous, defined | 3200, 3260

Usage of trade, implied warranty | 3203

Use |
improper, implied warranty | 3210
legal nonconforming, eminent domain | 8140
of product after defect known | 3207

User, contributory negligence, strict liability | 3268

Value, fair market | 8100
expert testimony to establish | 260

Vehicles |
distance between | 1112
equipment and maintenance of, brakes | 1054
equipment and maintenance of, general duty | 1052
equipment and maintenance of, headlights | 1053
equipment and maintenance of, horn | 1096
following | 1112
lemon law and | 3300, 3301, 3302, 3303, 3304
parked | See: Parked vehicles
passing, proceeding in same direction | See: Passing
position and method when turning | 1352
slow moving | 1300, 1305
stopping | See: Stopping and leaving vehicle

Vehicular traffic, defined | 1185

Verdict |
case involving intentional and negligent joint tortfeasors | 1580
dissenting juror to sign | 180
five-sixths | 180
general | 106
product liability | 3290, 3290.1
risk contribution | 3295, 3296
special, question, interrelationship | 145
suggested special, misrepresentation | 2402, 2403
suggested special, strict liability | 3290
ultimate fact, fault | 1001
ultimate fact, submission on | 107
ultimate fact, when court finds one or more parties at fault | 108

Vicarious liability of employer | 4055

View |
by jury | 152
railroads duty to maintain open view | 1411

Violation of safety statute | 1005, 1009

Vision |
nighttime | 1315
obstructed, speed | 1310

Voluntary assumption of duty | 1397

Wages |
See: Earnings

Walk signal, pedestrian | 1159

Walking on highway, pedestrian's duty | 1260

Warn |
guest's duty to | 1076
teacher's duty to | 1380

Warrant, arrest without, false arrest | 2115

Warranty claim, Magnuson-Moss | 3310

Warranty, express or implied |
See: Products liability

Weight of evidence | 215

Whistle, railroads, duty to blow |
outside municipality | 1402
within municipality | 1403

Wife |
death of, loss of society and companionship | 1870
death of, medical, hospital and funeral expenses | 1875
death of, pecuniary loss | 1861
injury to, medical and hospital expenses | 1825
injury to, nursing services | 1820
injury to, services, society, and companionship | 1815
injury to, wife's responsibility for own | 1830

Witness |
absent witness | 410
contradictory statements | 420
credibility of | 50, 215
expert testimony, general | 260
expert testimony, hypothetical question | 265
falsus in uno, willful false testimony | 405
impeachment of witness, prior inconsistent or contradictory statements | 420
opinion of nonexpert | 268
prior conviction | 415
self-incrimination | 425
spoliation of evidence by | 400

Worker |
preoccupation in work minimizes duty | 1051
when required to work in unsafe premises | 1051.2

Working on highway | 1265

Wrong side of road, driving on | 1135
violation excused | 1140

Wrongful death |
adult child, pecuniary loss | 1885
child, parents' loss of society and companionship | 1895
domestic partner | 1861, 1870
estate's recovery, medical, hospital, and funeral expenses | 1850
estate's recovery, pain and suffering | 1855
husband's death, all items | 1861
minor child, pecuniary loss | 1890
parent, child's loss of society and companionship | 1897
parent, pecuniary loss | 1880
spouse, loss of society and companionship | 1870
wife, medical, hospital, and funeral expenses | 1875
wife, pecuniary loss | 1861

Wrongful discharge | 2750

Yellow flashing signal | 1090

Yellow light, duty of driver | 1192

Yield sign | 1275

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