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 […]
Nooyen v. Wisconsin Electric Power Co. (Construction Statute of Repose)
Date Wed, Apr. 8, 2020 - 3:33pm By Hamilton
*This case is recommended for publication. In Nooyen v. Wisconsin Electric Power Co. (2019AP289), the Court of Appeals District III dismissed safe place statute claims based on the plaintiff’s husband’s development of mesothelioma from asbestos. The court found the construction statute of repose barred the claims. Norbert Nooyen was working on the construction of two […]
Lampe v. State Farm Mutual Insurance Co. (Future Medical Expenses)
Date Wed, Apr. 8, 2020 - 3:31pm By Hamilton
In Lampe v. State Farm Mutual Insurance Co. (2019AP656), the Court of Appeals District I found insufficient evidence for a jury award of future health care expenses to a plaintiff injured in a car accident. Plaintiff Brian Lampe was injured in a car accident and sued the other driver and his insurer State Farm. The […]
Hendrix v. Secura Insurance (Safe Place Statute)
Date Wed, Apr. 8, 2020 - 3:27pm By Hamilton
In Hendrix v. Secura Insurance (2018AP1103), the Court of Appeals District III allowed a plaintiff’s slip-and-fall safe place statute claim against the operator of a parking lot to proceed. The court found that the operator of the parking lot, Dedicated Fleet Services, could have had constructive notice of the unsafe condition, whereas the owner of […]
Storm v. Wisconsin Mutual Insurance Co. (UIM Reducing Clause)
Date Wed, Apr. 8, 2020 - 3:25pm By Hamilton
In Storm v. Wisconsin Mutual Insurance Co. (2018AP1285), the Court of Appeals District III found that an insurer gave proper notice to its insured about a policy change adding a reducing clause. Therefore, the policy was valid, and the underinsured motorist (UIM) limit was properly reduced. Teresa Storm was injured in a car accident and […]