Dakter v. Cavallino
Wisconsin Supreme Court
866 N.W.2d 656 (2015)
- Written by Robert Cane, JD
Facts
Ronald Dakter (plaintiff) attempted to make a left-hand turn while driving his car. Dakter’s car collided with a semitruck driven by Dale Cavallino (defendant). Cavallino had undergone specific training and testing to obtain his commercial driver’s license for operating a semitruck. Dakter sued Cavallino for negligence. The trial judge gave the jury an instruction on the standard of care applicable to Cavallino as the operator of a semitruck. The instruction provided that it was Cavallino’s duty to use the degree of care that a reasonable semitruck driver would exercise in similar circumstances having due regard for the state of knowledge possessed by semitruck drivers. Cavallino objected to the instruction because it directed the jury to consider Cavallino’s special knowledge and skill as a truck driver. The jury found that Cavallino was 65 percent causally negligent and Dakter was 35 percent causally negligent. Cavallino filed postverdict motions, which the circuit court denied. Cavallino appealed.
Rule of Law
Issue
Holding and Reasoning (Abrahamson, C.J.)
Concurrence (Roggensack, C.J.)
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