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Torts — stray voltage

By: WISCONSIN LAW JOURNAL STAFF//July 12, 2012//

Torts — stray voltage

By: WISCONSIN LAW JOURNAL STAFF//July 12, 2012//

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Wisconsin Court of Appeals

Civil

Torts — stray voltage

In this stray voltage case, Bickford Farms and Paul and Cyd Bickford (collectively, the Bickfords) appeal a judgment following a jury verdict that found negligence by Wisconsin Power and Light Company (WPL) did not cause damage to the Bickfords. The Bickfords contend that they are entitled to a new trial because the circuit court erred by: (1) excluding expert witness evidence the Bickfords offered after the deadline set by the court; (2) allowing WPL to present testimony by a WPL engineer as to his recent observations of the electrical power lines in the area; and (3) dismissing individual nuisance claims by Paul and Cyd Bickford. We conclude that the court properly exercised its discretion as to the evidentiary issues, and that the jury verdict on causation moots the issue of whether Paul and Cyd Bickford had standing to pursue individual nuisance claims. Accordingly, we affirm. This opinion will not be published.

2011AP1669 Bickford Farms Inc., et al. v. Wisconsin Power and Light Company

Dist IV, Dane County, Genovese, J., Per Curiam

Attorneys: For Appellant: Laufenberg, Lynn R., Milwaukee; Lawrence, Scott, St. Nanzianz; Stombaugh, Christopher D., Platteville; For Respondent: Henkel, Mark S., Stevens Point; Johnson, Eric R., Stevens Point

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