Nicolay v. StukelAnnotate this Case
The Supreme Court affirmed a jury verdict in favor of defendant David Stukel and reversed the circuit court’s decision requiring Stukel to pay a portion of the fee for an expert witness called by plaintiff Mervin Nicolay. Nicolay sued Stukel and K&K Management Services, Inc. after Stukel’s vehicle struck the rear of Nicolay’s vehicle, alleging negligence and negligence per se. A jury unanimously found that Stukel was not negligent. The Supreme Court held that the circuit court (1) did not err by denying Nicolay’s motion for partial summary judgment on the issue of Stukel’s liability; (2) did not err by denying Nicolay’s motion for a new trial; (3) did not err by admitting a patrolman’s deposition, during which Stukel’s attorney showed the patrolman a newspaper article to refresh his memory; but (4) erred by requiring Stukel to pay a portion of the disputed expert witness fee.