Thompson v. State Farm Fire & Casualty Co. (Homeowners Insurance)

In Thompson v. State Farm Fire & Casualty Co. (2019AP1182), the Court of Appeals District III held that the plaintiff’s injury occurred after the expiration of the insurer’s policy period, so there was no coverage for the plaintiff’s claims. The Thompsons were visiting a home in Weyerhauser, Wis., in July 2016 when a deck railing […]

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United America, LLC v. DOT (Nonstructural Damages in DOT Takings)

*This case is recommended for publication.   In United America, LLC v. DOT (2018AP2383), the Court of Appeals District III held that nonstructural damages to private property are not compensable when the Department of Transportation (DOT) makes a change of grade to an abutting street. When DOT changes the grade of a street or highway, […]

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Welter v. LIRC (Worker’s Compensation)

In Welter v. LIRC (2018AP1940), the Court of Appeals District III held that the plaintiff’s surgery was not compensable under Worker’s Compensation because her workplace injury had healed before the surgery. Plaintiff Susan Welter served as a school bus monitor for Student Transit – Eau Claire. Welter had a knee replacement in 2003. In 2013, […]

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Gunderson v. Franks (Personal Injury)

In Gunderson v. Franks (2018AP981), the Court of Appeals District IV upheld a jury verdict on damages to a plaintiff involved in a vehicle accident. The plaintiff challenged the jury’s decisions on future damages and whether the court should have provided instruction on the collateral source rule. Plaintiff Gunderson was injured in a vehicle accident […]

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Mechanical, Inc. v. Venture Electrical Contractors, Inc. (Economic Loss Doctrine)

*This case is recommended for publication.   In Mechanical, Inc. v. Venture Electrical Contractors, Inc. (2018AP2380), the Court of Appeals District II held the economic loss doctrine bars a negligence claim from a subcontractor against another subcontractor with whom there was no contract. The economic loss doctrine is a judicially created doctrine typically barring lawsuits […]

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Oneida County v. Sunflower Prop II, LLC (Pier Construction Permitting)

*This case is recommended for publication.   In Oneida County v. Sunflower Prop II, LLC (2018AP2366), the Court of Appeals District III held that Wisconsin permit exemption laws for piers under Wis. Stat. §30.12(1g)(f) preempt municipal ordinances.  The court remanded to the circuit court as to whether the plaintiff’s pier in this case met the […]

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Whittlesey v. LIRC (Unemployment Insurance)

In Whittlesey v. LIRC (2018AP2164), the Court of Appeals District IV held that the plaintiff was eligible for unemployment benefits because he had good cause to terminate his employment. Plaintiff Whittlesey worked for a restaurant for approximately two years before he terminated his employment because he “believed the work environment was hostile and insensitive to […]

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Martinez v. Regent Insurance Co. (Slip and Fall)

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, […]

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Pennell v. American Family Mutual Insurance Co. (Jury Instructions)

*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 […]

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Southport Commons, LLC v. DOT (Inverse Condemnation)

*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 […]

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