Court Error – Jury Instructions – Witness Evidence

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WI Court of Appeals – District IV

Case Name: Jolene Zabler, et al v. Kevin J. Weber, et al

Case No.: 2015AP1187

Officials: Kloppenburg, P.J., Lundsten and Sherman, JJ.

Focus: Court Error – Jury Instructions – Witness Evidence

Dr. Kevin Weber and his insurer Proassurance Casualty Company (collectively, Proassurance Casualty), appeal a money judgment in favor of Jolene Zabler and Jolene’s father, Gary Zabler. Proassurance Casualty contends that the circuit court erred by: (1) failing to properly instruct the jury; (2) permitting the Zablers’ expert witness to testify regarding the witness’s examination of Jolene the day before the witness testified; (3) denying Proassurance Casualty’s motion for a new trial based on its assertion that the jury’s verdict was contrary to the great weight of the evidence; (4) permitting the Zablers’ expert witness to testify as to Jolene’s future medical expenses; and (5) denying its motion for judgment notwithstanding the jury’s verdict on the Zablers’ informed consent claim. For the reasons discussed below, we affirm.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.