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Following trial, the Hospital could have asked Juror 77 additional questions regarding the nature of his relationship with Ciara.
The Hospital either failed to do so or failed to submit Juror 77's responses in support of its postverdict motion. WISCONSIN STAT.
That statute would not, however, have prevented Juror 77 from providing additional information about the nature of his relationship with Ciara.
And if the defendant is going to settle you know they are in the wrong. It was a waste of time. You just figure if they are willing to settle then they did something wrong.
If they did something wrong, why waste our time? The Hospital has not produced any evidence that Juror 77 learned of settlement negotiations from Ciara Westrich, or that Ciara actually was aware of any settlement negotiations in this case.
Again, in order to obtain a new trial, the Hospital had the burden to prove it was more probable than not that Juror 77 was objectively biased.
On this record, the court reasonably concluded the Hospital had failed to meet its burden to prove objective bias—i.
Question 1 asked the jury whether the Hospital's nurses were negligent in the care and treatment of Westrich, and Question 2 asked whether their negligence was a cause of Westrich's injuries.
The jury answered both of those questions in the affirmative. Again, the jury answered both of those questions in the affirmative. The jury also answered "Yes" to Question 5, which asked whether Westrich was negligent.
However, in response to Question 6, which asked whether Westrich's negligence was causal, the jury responded "No. OTHERWISE , PLEASE GO TO QUESTION NO.
We observe this language is somewhat unclear. Under the second interpretation, the jury could have determined it should answer Question 7 based solely on the fact that it responded "Yes" to Question 2, regardless of how it answered Questions 4 and 6.
As a general rule, "when a verdict is inconsistent, such verdict, if not timely remedied by reconsideration by the jury, must result in a new trial.
Kottke , Wis. Wolfe , 9 Wis. Accordingly, a circuit court has "discretion" to "amend a verdict when the party injured by the inconsistency waives a portion of its damage claim and the waiver does not result in a change of the prevailing party as found by the jury.
A court should reject such a waiver, however, when: 1 "the jury apportioned negligence by such a narrow margin that would indicate a new trial could arrive at a different result"; or 2 "the facts indicate that there could be a close question on the apportionment of negligence.
A circuit court's decision whether to reject a waiver based on either of these grounds is reviewed under an erroneous exercise of discretion standard.
Although the Hospital notes that the first trial resulted in an apportionment of only sixty percent negligence to the Hospital and its nurses, we do not find that fact persuasive.
Taken together, the results of the first and second trials show that two separate juries found the Hospital and its nurses more than fifty percent at fault for Westrich's injuries.
This reality supports the circuit court's conclusion that a new trial would not lead to a different result.
However, our review of the record indicates there was ample evidence from which a reasonable jury could conclude both that the Hospital was causally negligent and that its negligence exceeded Westrich's.
The mere existence of some evidence supporting the Hospital's position is insufficient to demonstrate that there could be a "close question" in this case regarding the apportionment of negligence.
See Westfall , Wis. Juror 62 dissented as to Question 4, concluding the Hospital's negligence was not causal. Juror 20 dissented as to Question 5, concluding Westrich was not negligent.
Finally, Jurors 62 and 52 dissented as to Question 6, concluding Westrich's negligence was causal.
Again, two trials have been conducted in this case, both of which resulted in verdicts in favor of the Westriches.
Although some jurors dissented as to various questions in both trials, the mere presence of dissenters does not convince us the apportionment of negligence in this case could be a "close question.
We therefore decline to consider it further. The Hospital also contends "the gravity of having so many dissenting jurors is compounded by the potential that Juror No.
Accordingly, the court properly exercised its discretion by accepting the Westriches' offer to waive twenty-five percent of their damages in order to eliminate the inconsistency created by the jury's answers to Questions 6 and 7.
In light of that waiver, the verdict's inconsistency provides no basis for the Hospital to obtain a new trial. Pursuant to that authority, the legislature enacted WIS.
If more than one question must be answered to arrive at a verdict on the same claim, the same five-sixths of the jurors must agree on all the questions.
Westrich's negligence did not cause his injuries," but the same ten jurors "later assessed comparative fault between Mr. Westrich and [the Hospital].
Citing multiple cases, the Hospital asserts that "[i]f the jury answers the comparative fault question, then the same ten jurors must all agree on answers on the plaintiff's negligence and cause, the defendant's negligence and cause, and the comparison of negligence between the two.
The Hospital asserts that whether the jury's verdict violated the five-sixths rule is a question of law for our independent review. The Westriches do not dispute this assertion.
We therefore independently review whether a five-sixths violation occurred. In each of the cases the Hospital cites, the jury appropriately answered the negligence, causation, and comparison questions; however, the same ten jurors did not agree on each question.
That is not the case here. Instead, in this case, ten jurors found that Westrich was not causally negligent, and all twelve jurors then inappropriately answered the comparison question.
The fact that the jury erroneously answered the comparison question renders its verdict inconsistent, subject to the standards set forth in Westfall.
It does not result in a five-sixths violation. To hold otherwise would mean that all inconsistent verdicts—even those where all twelve jurors agreed as to all questions—would violate the five-sixths rule.
Such a result would abrogate Westfall , which expressly held that a circuit court has discretion to accept an inconsistent verdict "when the party injured by the inconsistency waives a portion of its damage claim and the waiver does not result in a change of the prevailing party as found by the jury.
King , 49 Wis. Here, the jurors who assessed twenty-five percent comparative fault against Westrich did so in favor of the objecting party—i.
The Hospital therefore cannot argue that those "dissenting" votes gave rise to a five-sixths violation. Because these four jurors dissented from questions regarding negligence and causation, the Hospital argues they were disqualified from answering the comparative negligence question, leaving only eight jurors competent to answer that question.
See Fleischhacker v. State Farm Mut. First, the Hospital did not raise it in the circuit court. We need not consider arguments raised for the first time on appeal.
See State v. Second, as explained above, because the jury in this case answered Question 6 in the negative, it was not required to—and should not have—answered Question 7, the comparative negligence question.
This is the winner. I am not sure where this Challah journey will take me. Maybe it will fizzle out next week, or maybe I will be a lifelong bread baker.
Sure, I make food every day — I microwave, toast, assemble and chop it all into tiny pieces approximately nine times a day.
To me, real cooking is taking time to slow down and enjoy the process, experiment with a recipe, ingredient or technique, and create something new,.
So, we invited the family over and built a meal around it:. Tomato Crostini with Whipped Feta thanks Leanne!
Beef Panang Curry with rice. Portuguese Orange and Olive Oil Cake. There is a reason it has been a while since I cooked like this.
A rare combination of factors had to come together to allow me to pull this off. Also, I had an amazing crew to help me clean up afterwards.
Nonetheless, I was reminded that cooking and baking makes me happy, and I hope to make more time for it. The takeaway: Authentic Belgian Waffles and other delightful things can be found in the most unexpected of places.
We arrived in La Crosse early Saturday afternoon to visit our friends. Shortly after arriving at her gorgeous s Frank Lloyd Wright-inspired home in La Crosse, Teresa Westrich mentioned to me that La Crosse is a food desert.
Teresa and Andrew Westrich are among the most knowledgeable and passionate foodies I know. If La Crosse is a food desert, we visited its oasis.
In between activities like taking in the view from Grandad Bluff, enjoying the fire pit and rebuffing unwanted bedtime advances from Habanero the cat, here are a few of the things we consumed in La Crosse:.
Olive Tapenade: Andrew made this incredibly flavorful Olive Tapenade that accompanied some Red Table meats we imported from Minneapolis for lunch.
Dairy, Dairy and More Dairy : Andrew and Jim Jarman both moved from the Twin Cities to La Crosse to work for Organic Valley, and the dairy flowed freely all weekend.
We enjoyed Organic Valley grass fed milk, yogurt, and a variety of cheeses. Sam and Hannah were in heaven. Hot Beverages : Two items of note here — espresso from a Bialetti and Lapsang Souchong , a smoky black tea.
Mind blown. Apple Pancakes : At our Sunday Brunch at the Jarman residence, we enjoyed some seriously good apple pancakes that will soon be making it into our rotation.
And the finale…Belgian Waffles : There are the kind of delicious Belgian Waffles that you encounter at places like IHOP, and then there are next level, authentic Belgian waffles.
These fall into the second category. Andrew made these with pearl sugar and a yeast dough on a special, heavy-duty waffle iron under cover as an attache.
I mean, come on…. In conclusion, I am ready to move to the food desert of La Crosse if it means I get to eat like this every day.
The Jarmans and Westriches reminded me that good things can be found anywhere as long as you know how to cook up your own amusements.
Thank you to our friends for such an enjoyable weekend! Sam and Hannah teach me infinite lessons, but one of my favorites is to believe in impossible things.
The rabbit hole of parenthood is strikingly similar to Alice in Wonderland… a parallel universe full of adventures, madness, curiosity and growth.
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