01-1254 Palumbo, et al. v. Kidder, et al.

By: dmc-admin//May 6, 2002//

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Brian Kidder appeals and Karin Palumbo cross-appeals a judgment awarding Palumbo damages for injuries she suffered in a traffic accident. Kidder argues that the trial court should have granted his motion to change the $120,000 award for future loss of earning capacity to $14,400. He also argues that the evidence does not support the $120,000 figure and that the trial court improperly exercised its discretion when it refused to read the jury a limiting instruction. Palumbo argues that the court should have granted additur or a new trial because the $2,500 award for past pain, suffering and disability and the $7,500 award for future pain, suffering and disability are so low as to shock the judicial conscience.

We affirm the judgment.

This opinion will not be published.

Dist III, Dunn County, Stewart, J., Per Curiam

Attorneys:

For Appellant: James O. Conway, Sheboygan; Michael J. Kuborn, Bullhead City, Ariz.; Timothy B. Gifford, Sheboygan

For Respondent: Ardell W. Skow, Baldwin; Martha H. Heidt, Baldwin

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