Brantner v. Jenson

In Brantner v. Jenson, 121 Wis. 2d 658, 668, 360 N.W.2d 529 (1985) the court addressed a question of first impression, namely, what standard should be adopted to determine when damages may be recovered for mental distress or fear of future harm arising from a negligently caused physical injury. See id. at 668 (court of appeals recognized that no Wisconsin case adopts such a standard). The supreme court described the two-part test adopted in this court's Brantner opinion. Id. The supreme court did not clearly adopt that test itself, but it did appear to regard it as a reasonable statement of law. See id. at 669. The test, as described by the supreme court, sets forth two elements which a plaintiff "must establish by a preponderance of the evidence to prove that he or she is reasonably certain to endure mental distress as a consequence of the injury." Id. at 668.