Torts — wrongful death — damage caps

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Wisconsin Supreme Court

Civil

Torts — wrongful death — damage caps

Wisconsin’s damage cap on wrongful death actions does not apply where the plaintiff died out-of-state.

“We agree with Waranka. Michigan Comp. Laws §600.2922 creates a cause of action for wrongful death in Michigan. The statute permits juries to award damages that are ‘fair and equitable.’ Mich. Comp. Laws § 600.2922(6). Wisconsin Stat. §895.04 differs from the Michigan statute in that it places a monetary cap on the amount of non-economic damages a plaintiff may recover. However, as discussed above, Wis. Stat. § 895.04 does not apply independently from Wis. Stat. § 895.03, and Wis. Stat. §895.03 does not apply to deaths caused outside of the state. Thus, there is no applicable wrongful death statute from Wisconsin that conflicts with Michigan’s wrongful death statute.”

Affirmed.

2012AP320 Waranka v. Wadena Ins. Co.

Bradley, J.

Attorneys: For Appellant: Tyndall, Susan R., Waukesha; Jaskulski, Robert L., Milwaukee; For Respondent: Wick, William R., Manitowoc; McNally, Patrick D., Milwaukee; Schmidt, Richard E., Milwaukee; Conway, James O., Sheboygan; Goss, Thomas E., Jr., Milwaukee; Herrick, James C., Jr., Fond du Lac; Cirillo, Corrado, Sheboygan