Georgia Ann Vollmer, Plaintiff-Appellant, United States Fidelity & Guarantee Company, a Maryland Company, Plaintiff…

Summary

The Wisconsin Supreme Court held that the plaintiff waived any right to appellate review as a matter of right by failing to object to the special verdict question that misstated her negligence theory. It nevertheless affirmed the court of appeals’ statutory discretionary reversal because the erroneous question focused the jury on premises maintenance rather than operation of the mower, so the real controversy was not fully tried. The court distinguished the court of appeals’ statutory reversal authority from the supreme court’s separate common-law power to review waived error.