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01-1304 Alvarez v. Flannery d/b/a Off Road Logging

By: dmc-admin//June 3, 2002//

01-1304 Alvarez v. Flannery d/b/a Off Road Logging

By: dmc-admin//June 3, 2002//

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In an action brought by Trinidad Alvarez against Jack Flannery for the unlawful conversion of standing timber, a jury found in favor of Alvarez and awarded $18,000 in compensatory damages and $5,000 in punitive damages. The circuit court doubled the compensatory damages. Flannery appealed, contending several reversible errors occurred. We conclude that credible evidence supports the jury’s finding that Flannery converted trees in which Alvarez had an ownership interest and the jury’s finding of the damages Alvarez sustained. We further conclude that the circuit court properly doubled those damages under sec. 26.09; that if an evidentiary error occurred, it was harmless; and that a new trial in the interests of justice is not warranted.

However, we reverse the award of punitive damages. Accordingly, we affirm the judgment of the circuit court in all respects, except with regard to the award of punitive damages.

Not recommended for publication in the official reports.

Dist IV, Vernon County, Rosborough, J., Roggensack, J.

Attorneys:

For Appellant: Alan J. White, Wisconsin Dells

For Respondent: Russell L. Hanson, Westby

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