Abuse of Discretion Jury Instructions.

• Author: Hawkins, Derek
• Position: Mark B. Pattinson, et al., v. Richard H. Ubersox

Byline: Derek Hawkins

WI Court of Appeals District IV

Case Name: Mark B. Pattinson, et al., v. Richard H. Ubersox, et al.,

Case No.: 2019AP1866

Officials: Blanchard, P.J., Kloppenburg, and Nashold, JJ.

Focus: Abuse of Discretion Jury Instructions

Mark B. Pattinson appeals a final judgment, entered on a jury verdict, dismissing his personal injury suit against Richard H. Ubersox. At trial, each party argued that the other was negligent in causing a vehicular accident, with Ubersox presenting evidence that Pattinson's driving reaction time was delayed because of alcohol impairment. On appeal, Pattinson argues that the circuit court erroneously exercised its discretion by: (1) giving a jury instruction setting forth the presumptive effect of chemical tests for intoxication resulting from alcohol consumption; (2) admitting the testimony of Ubersox's toxicologist expert witness, who relied on the results of Ubersox's hospital...