Court Error – Admittance of Evidence

By: Derek Hawkins//July 19, 2017//

Listen to this article

WI Court of Appeals – District IV

Case Name: Dr. Cara Westmark v. Gardens at Swan Creek Condominium Owners Association, Inc.

Case No.: 2016AP1140

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

Focus: Court Error – Admittance of Evidence

Gardens at Swan Creek Condominium Owners Association, Inc., appeals a judgment entered on a jury verdict in favor of Cara Westmark, a condominium unit owner. The Association argues that the circuit court erroneously admitted expert testimony from Westmark’s real estate appraiser contrary to the Daubert reliability standard codified in WIS. STAT. § 907.02. We reject this argument. The Association also argues that the court provided the jury with an erroneous damages instruction. However, by failing to lodge a particularized objection to the damages instruction, the Association “waive[d] … any error in the proposed instructions” pursuant to WIS. STAT. § 805.13(3) and, on that basis, we decline to address whether the instruction was erroneous. We affirm.

Full Text

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.

Select Region or Brand

Upcoming Event