Georgia Ann Vollmer v. Paul Luety

This is a review of a published court of appeals decision. Vollmer v. Luety, 150 Wis. 2d 891, 443 N.W.2d 32 (Ct. App. 1989). This case involves the scope of the court of appeals statutory discretionary reversal power under sec. 752.35, Stats. This court originally accepted the defendants petition for review in this case on March 7, 1989, and remanded the case to the court of appeals with directions to reconsider its December 22, 1988 unpublished decision in light of this courts opinion in State v. Schumacher, 144 Wis. 2d 388, 424 N.W.2d 672 (1988). On remand, the court of appeals reaffirmed its earlier decision which reversed the trial courts judgment entered on the jurys verdict dismissing the plaintiffs negligence complaint. The court of appeals reversed on the grounds that the real controversy in the case had not been fully tried, pursuant to sec. 752.35, Stats. The defendant now seeks review of the court of appeals decision which concluded that it had properly applied Schumacher in the original case.