Appellate Decisions Released May 25, 2006
On May 25, 2006, the Wisconsin Supreme Court released the following opinions:
Mueller v. Warner Ins. Co. Good Samaritan statute does not immunize defendant for care provided over a six- to seven-hour period following the immediate intervention and care given after the injured plaintiff arrived at defendant's house. The Court held that trained medical personnel could have been summoned during that period of time, and that the "emergency" had ceased when it became possible to obtain professional care.
Wisconsin Auto Title Loans v. Jones. Arbitration provision in loan agreement between the parties was unconscionable because (1) the borrower was poor and needed cash; (2) the lender had substantially greater bargaining power; (3) the agreement was an adhesion contract; and (4) the lender had full access to the courts, while the borrower was limited to arbitration.
On May 25, 2006, the Wisconsin Court of Appeals released these opinions, recommending publication of the following:
State v. Nelson. A person has a reasonable expectation of privacy in using one's bathroom, and so videotaping one's neighbor on the throne constitutes a violation of Wis. Stat. sec. 942.09. The Court of Appeals held that "reasonable expectation of privacy" need not be interpreted in a Fourth Amendment context; the words bear their common and ordinary meanings.
L.M.S. v. Atkinson (denial of pre-trial relief; use of "other acts" evidence; quantum of evidence supporting damages for future medical expenses).
Shannon E.T. v. Alicia M. V.M. A man may not bring a paternity action relating to a still-born infant for the purpose of bringing a wrongful death claim.
Mueller v. Warner Ins. Co. Good Samaritan statute does not immunize defendant for care provided over a six- to seven-hour period following the immediate intervention and care given after the injured plaintiff arrived at defendant's house. The Court held that trained medical personnel could have been summoned during that period of time, and that the "emergency" had ceased when it became possible to obtain professional care.
Wisconsin Auto Title Loans v. Jones. Arbitration provision in loan agreement between the parties was unconscionable because (1) the borrower was poor and needed cash; (2) the lender had substantially greater bargaining power; (3) the agreement was an adhesion contract; and (4) the lender had full access to the courts, while the borrower was limited to arbitration.
On May 25, 2006, the Wisconsin Court of Appeals released these opinions, recommending publication of the following:
State v. Nelson. A person has a reasonable expectation of privacy in using one's bathroom, and so videotaping one's neighbor on the throne constitutes a violation of Wis. Stat. sec. 942.09. The Court of Appeals held that "reasonable expectation of privacy" need not be interpreted in a Fourth Amendment context; the words bear their common and ordinary meanings.
L.M.S. v. Atkinson (denial of pre-trial relief; use of "other acts" evidence; quantum of evidence supporting damages for future medical expenses).
Shannon E.T. v. Alicia M. V.M. A man may not bring a paternity action relating to a still-born infant for the purpose of bringing a wrongful death claim.
posted by Daniel Kelly at 10:32 AM
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