Stehlik v. Rhoads

645 N.W.2d 889 (2002)

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Nature of the Case

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Facts

Rhoads (D) permitted their guests to operate their ATV after dark, on an unlit trail on a hill, with passengers, without instructions, without wearing available safety helmets, and after serving them alcoholic beverages. P was an over-the-road truck driver and part-time law enforcement officer for the Washington County Sheriff's Department and the Slinger Police Department. P had racing experience as a modified stock car racer and also drove motorcycles and mopeds. P sustained serious head injuries in an ATV rollover accident. Rhoads (D) owned the ATV, and P was operating it with their permission at a party at their home. Although safety helmets were available, P was not wearing one at the time of the accident. P sued Ds for negligence and negligent entrustment. The jury concluded that both P and D were negligent and apportioned the accident negligence (70 percent/30 percent) and the 'helmet negligence' (60 percent/40 percent) between them. The jury also concluded that 90 percent of P's injuries were attributable to his failure to wear a helmet. On motions after verdict, the circuit court struck the special verdict questions regarding D's negligence for P's failure to wear a safety helmet and limited P's recovery to the damages attributable to D's negligence in causing the accident. The court reduced P's recovery by his 30 percent accident-causing contributory negligence, and by a further 90 percent--the percentage of his injuries the jury allocated to the failure to wear a helmet. P appealed.