The plaintiff passenger sued the defendant driver for negligence after their motorcycle collided with a deer in Wisconsin.
The defendant moved for summary judgment, arguing the collision was an inevitable accident.
The court dismissed the motion, finding a genuine issue for trial regarding the defendant's negligence due to his speed, lack of proper eyewear in the rain, and distraction.
Using its expanded fact-finding powers under Rule 20.04(2.1), the court determined the defendant was negligent, leaving damages to be assessed at trial.
