Sufficiency of Evidence

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WI Court of Appeals – District II

Case Name: Lee Gaethke v. Marco Pozder, et al

Case No.: 2016AP541

Officials: Neubauer, C.J., Gundrum and Hagedorn, JJ.

Focus: Sufficiency of Evidence

Marco and Ljubica Pozder, d/b/a The Crossroads Motel and Acuity, a Mutual Insurance Company, appeal from a judgment following a jury trial. The Pozders contend the circuit court erred by denying their postverdict motion to change the jury’s verdict finding them negligent in relation to Lee Gaethke’s slip and fall at their motel. They specifically assert there was insufficient evidence presented at trial to support the negligence finding under either Wisconsin’s Safe Place statute, WIS. STAT. § 101.11(1) (2015-16),  or the common law. The Pozders further argue the court erred in admitting medical bills into evidence at the trial and in denying their postverdict motion for a new trial based upon “outrageous conduct” by Gaethke’s counsel during the trial. We reject each of the Pozders’ claims of error and 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.