[U] Gutter V. Great Atlantic & Pacific Tea Co.

[U] Gutter V. Great Atlantic & Pacific Tea Co. Summary

¶1 Margaret Gutter appeals pro se, from an order entered on a jury verdict finding that The Great Atlantic & Pacific Tea Company, Inc. d/b/a Kohl's Food Store (Kohl's) was not negligent in an incident that occurred at one of their grocery stores. Gutter claims the trial court erred in entering judgment on the jury verdict for Kohl's. Gutter's arguments raise five claims:*fn1 (1) there was insufficient evidence to support the jury's verdict; (2) the jury should have found Kohl's negligent under res ipsa loquitor; (3) the jury verdict is inconsistent; (4) the jury verdict shows "prejudice" and is therefore "perverse"; and (5) the trial court erred in dismissing her motion for a waiver of costs under WIS. STAT. § 814.29 (2005-06).*fn2 Because the trial court properly found sufficient evidence to support the jury's verdict as required under WIS. STAT. § 805.15, because Gutter's arguments for res ipsa loquitor, inconsistent verdict and perverse verdict were not raised in the trial court and cannot now be argued on appeal, and because the trial court did not err in denying Gutter's motion for a waiver of transcription fees, we affirm.



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