In Martinez v. Regent Insurance Co. (2018AP1685), the Court of Appeals District IV denied a new trial for the plaintiff in this slip and fall case. Jose Martinez slipped and fell at the Country Kitchen restaurant and filed this lawsuit seeking damages for his injuries. On appeal, Martinez argued that Country Kitchen had destroyed evidence, […]
Pennell v. American Family Mutual Insurance Co. (Jury Instructions)
Date Tue, Apr. 28, 2020 - 4:23pm By Hamilton
*This case is recommended for publication. In Pennell v. American Family Mutual Insurance Co. (2019AP170), the Court of Appeals District II held that the jury in this personal injury case did not receive proper instructions on causation and pre-existing conditions and awarded the plaintiff a new trial. Monica Pennell was injured in a car […]
Southport Commons, LLC v. DOT (Inverse Condemnation)
Date Tue, Apr. 28, 2020 - 4:21pm By Hamilton
*This case is recommended for publication. In Southport Commons, LLC v. DOT (2019AP130), the Court of Appeals District II held that claimants must file against the Department of Transportation (DOT) within three years after damage from DOT construction occurs, not after damage is discovered, according to Wis. Stat. § 88.87(2)(c). Southport filed this lawsuit […]
Wisconsin Civil Justice Council, Business Coalition Call for Additional Liability Protections to Help Reopen and Restart the Wisconsin Economy
Date Mon, Apr. 27, 2020 - 11:25am By Hamilton
Wisconsin Civil Justice Council (WCJC) and a coalition of 40 Wisconsin businesses and chambers of commerce are calling for the Legislature to enact civil liability protections to help Wisconsin businesses as the state begins to reopen the economy. The Wall Street Journal recently editorialized calling for quick action, noting plaintiff attorneys are already targeting reopening […]
Fankhauser v. Hestad (Damages Award)
Date Wed, Apr. 8, 2020 - 3:42pm By Hamilton
In Fankhauser v. Hestad (2019AP110), the Court of Appeals District III upheld a $500,000 damages award against a garbage collector who was driving on a customer’s bridge when it collapsed. Curtis Hestad, an employee of Allied Waste Services, drove an Allied vehicle onto the Fankhausers’ property. The Fankhausers had instructed Allied to use the west […]
Stroede v. Society Insurance (Duty of Care to Trespassers)
Date Wed, Apr. 8, 2020 - 3:40pm By Hamilton
*This case is recommended for publication. In Stroede v. Society Insurance (2018AP1880/2018AP2371), the Court of Appeals District I found the defendant immune from liability for a trespasser’s injury because the defendant was a “lawful occupant” on the premises where the incident occurred. Plaintiff David Stroede sustained head injuries when, after becoming too intoxicated, he was […]
Parsons v. Associated Banc-Corp (WOCCA and Negligent Training & Supervision)
Date Wed, Apr. 8, 2020 - 3:39pm By Hamilton
In Parsons v. Associated Banc-Corp (2018AP2329), the Court of Appeals District I upheld the dismissal of plaintiffs’ claims against their bank for violation of the Wisconsin Organized Crime Control Act (WOCCA) and for negligent training and supervision. The Parsons filed this case regarding a home equity loan and construction loan they obtained through the bank. […]
Verkler v. YRC, Inc. (Civil Negligence)
Date Wed, Apr. 8, 2020 - 3:38pm By Hamilton
In Verkler v. YRC, Inc. (2018AP1531), the Court of Appeals District I ruled against Allstate Property & Casualty Insurance Co. in a civil negligence action brought after a car accident. Allstate’s insured Victoria Southern crashed into a truck in YRC, Inc.’s driveway. Southern initially told law enforcement that she had been lost and was looking […]
Kiewiz v. My Custom Shop, Inc. (Warranty)
Date Wed, Apr. 8, 2020 - 3:36pm By Hamilton
In Kiewiz v. My Custom Shop, Inc. (2018AP2008), the Court of Appeals District II dismissed the plaintiff’s claims of misrepresentation and breach of warranty against the dealer from whom he purchased a truck. After test driving the truck, plaintiff Kiewiz bought the truck from My Custom Shop for $3,800. My Custom Shop told Kiewiz it […]
Delglyn v. Equifax (Fair Credit Reporting Act)
Date Wed, Apr. 8, 2020 - 3:35pm By Hamilton
In Delglyn v. Equifax (2019AP232), the Court of Appeals District I dismissed the plaintiff’s claims that Equifax violated the federal Fair Credit Reporting Act (FCRA) in its responses to the plaintiff’s notices of disputed items on his credit report. Plaintiff James Delglyn sent a notice of dispute to Equifax regarding four accounts on his credit […]