[Download] "Rita Dostal v. St. Paul Mercury Indemnity" by Supreme Court of Wisconsin ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Rita Dostal v. St. Paul Mercury Indemnity
• Author : Supreme Court of Wisconsin
• Release Date : January 09, 1958
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 79 KB

Description

On June 16, 1953 Rita Dostal, a minor, by guardian ad litem, brought action against The St. Paul Mercury Indemnity Company,
by service of summons. The complaint was served February 22, 1955 and sought damages for personal injuries resulting from
upset of an automobile on May 6, 1953. Rita was a passenger in the car. It was owned by defendant's insured and operated with
permission by John Magee, the insured's minor son. John Magee was originally named a defendant and the summons and complaint
were served on him. Personal jurisdiction was not obtained, however, because the guardian of Magee's property was not served
and the appearances made on his behalf by the attorney for the insurance company were not properly authorized nor ratified
by Magee after becoming of age. See Dostal v. Magee, 1956, 272 Wis. 509, 76 N.W.2d 349. The case was tried in January, 1957 together with a case in which Rita's father sought to recover medical expense. The jury
found that Rita's injuries were caused by Magee's negligent management and control of the automobile. Medical expense incurred
by her after becoming of age was determined by the court in the amount of $247.50, and the jury awarded $150,000 for her injuries.
Plaintiff moved for judgment on the verdict. Defendant moved for judgment notwithstanding the verdict, for a change of answers
and judgment accordingly, and for a new trial, and in the event of the denial of its other motions, that any judgment for
the two plaintiffs, Rita and her father, be limited to $40,000. The insurance policy had not previously become a part of the
record and was tendered with defendant's motion. Plaintiffs opposed this motion on several grounds including equitable estoppel
of the insurance company because its attorney had made unauthorized appearances for John Magee until more than two years after
the date of injury; plaintiffs had not known of the lack of authority, had relied upon the appearances, and had thereby lost
their rights to bring action against John Magee. The circuit court received the insurance policy in evidence, denied plaintiff's
motion to take testimony on the allegations of estoppel and ordered judgment for Rita in the amount of $36,475.95, plus costs.
The amount awarded to her, plus the amount awarded to her father, totaled $40,000, the limit of coverage in the policy. Judgment
was entered May 8, 1957. Both plaintiff and defendant appealed.

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