Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 240,017 times 38 Legal AnalysesHolding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Lambrecht v. Estate of Kaczmarczyk
2001 WI 25 (Wis. 2001) Cited 273 timesIn Lambrecht, the court actually determined that summary judgment was properly denied to the estate of the (deceased) defendant driver even though defendant proved that the driver had suffered a heart attack before, during or after the vehicle he was driving struck three other vehicles on a straight road in good weather.
Gritzner v. Michael R
2000 WI 68 (Wis. 2000) Cited 134 times 2 Legal AnalysesConcluding that Bubner had a duty to take affirmative acts to protect the child because he stood in loco parentis with regard to the injured child and because he voluntarily undertook a duty to protect her
Strenke v. Hogner
2005 WI 25 (Wis. 2005) Cited 84 times 1 Legal AnalysesFinding that the defendant's acts of drinking more than 15 beers and then driving while intoxicated were deliberate because "nobody was holding him down and pouring these drinks down his throat involuntarily" and nobody "made [him] get behind the wheel of his car"
Tatera v. FMC Corp.
2010 WI 90 (Wis. 2010) Cited 64 timesFinding only that the risk of asbestos exposure can be limited in the workplace by wearing protective equipment
Megal v. Visitor Convention Bureau
2004 WI 98 (Wis. 2004) Cited 63 timesNoting in part that the plaintiff failed to present sufficient evidence that the defendant had constructive notice of a french fry on which plaintiff slipped because the plaintiff provided no "testimony about the usual management and maintenance of a 61,000 square-foot public building" or what is "reasonable to expect for the management of such a facility"
Forst v. Smithkline Beecham Corp.
602 F. Supp. 2d 960 (E.D. Wis. 2009) Cited 51 times 2 Legal AnalysesDenying summary judgment on express warranty claim where plaintiff did not read drug manufacturer's labeling but relied upon doctor's recommendations, and holding that "a reasonable jury could find that GSK's representations to Dr. Todd, which were then communicated to the [plaintiffs], constitute an affirmation forming a 'basis of the bargain' for [plaintiff's] use of Paxil."
Shannon v. Shannon
150 Wis. 2d 434 (Wis. 1989) Cited 91 times 1 Legal AnalysesFinding ordinary care not exercised where it was foreseeable that "such act or omission will subject . . . the person or property of another to an unreasonable risk of injury or damage."
Barry v. Employers Mutual Casualty Co.
2001 WI 101 (Wis. 2001) Cited 58 times 1 Legal AnalysesIn Barry, our supreme court further amplified the distinction between the statutory duty to safely construct and the statutory duty to repair or maintain.
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 334,390 times 159 Legal AnalysesHolding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 101.11 - Employer's duty to furnish safe employment and place
Wis. Stat. § 101.11 Cited 173 times 3 Legal AnalysesRequiring every employer to "furnish a place of employment which shall be safe for employees therein and for frequenters thereof and shall furnish and use safety devices and safeguards, and shall adopt and use methods and processes reasonably adequate to render such employment and places of employment safe, and shall do every other thing reasonably necessary to protect the life, health, safety, and welfare of such employees and frequenters"
Section 895.043 - Punitive damages
Wis. Stat. § 895.043 Cited 98 times 2 Legal AnalysesConsidering wealth of a defendant in setting punitive damages award