Lobermeier v. General Telephone Company Of Wisconsin

119 Wis. 2d 129 (1984)

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Nature of the Case

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Facts

P sustained a ruptured eardrum, with a resulting hearing loss, while talking on a telephone in his parents' home. D had installed and maintained the phone. Doctors determined that P sustained a traumatic tympanic membrane perforation of the left ear caused by a lightning-induced electrical charge. Doctors prescribed a conservative treatment of antibiotics and ear drops. Eventually, it was recommended that P have surgery on the left ear. A surgery was performed. P complained of a hearing loss in the left ear and ringing in the ear. The doctor determined that the graft done in November of 1976 had lateralized, there was severe conductive hearing loss in the left ear, and there was a possibility of a cholesteatoma. P sued D for negligence in that the telephone system was inadequately grounded and that, while P was using the telephone service, he suffered a severe shock causing the injuries. On the third day of trial, D admitted it was negligent. D argued that the improperly grounded telephone system was not a cause of P's injuries. The trial court ruled, as a matter of law, that P had no duty to mitigate damages by undergoing a second ear operation. The trial court instructed the jury, 'P’s damages are not to be diminished because he did not have a second operation.' P got the verdict. It was overturned by the appeals court, and P appealed.