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Lestina v. West Bend Mutual Insurance Co.
Wisconsin Supreme Court
501 N.W.2d 28 (1993)
- Written by Steven Pacht, JD
Facts
Robert F. Lestina (plaintiff) was injured during a recreational soccer game when Leopold Jerger (defendant) collided with Lestina when Jerger allegedly attempted an illegal slide tackle. Lestina sued Jerger and Jerger’s insurer, West Bend Mutual Insurance Company (West Bend) (defendant). The jury found that Jerger had been negligent. Jerger appealed to the circuit court, arguing that recklessness—not negligence—was the appropriate standard of liability. The circuit court certified the negligence-versus-recklessness question to the Wisconsin Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Abrahamson, J.)
Dissent (Wilcox, J.)
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