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01-3205 Gessler Acquisition Corporation v. Louie's Refrigeration Service Inc., et al.

By: dmc-admin//August 26, 2002//

01-3205 Gessler Acquisition Corporation v. Louie's Refrigeration Service Inc., et al.

By: dmc-admin//August 26, 2002//

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Louie’s Refrigeration Service Inc., and its insurer appeal a judgment that compensates Capitol Indemnity Corporation for payments it made on a fire insurance policy. The jury found that Louie’s workman started the fire at the Matador restaurant by negligent use of a propane torch. Louie’s argues that the trial court should have granted its motion for directed verdict because the evidence did not establish that Louie’s workman was negligent and Capitol’s expert’s testimony was irrelevant and invited the jury to speculate as to the cause of the fire. Louie’s also argues that it is entitled to a new trial based on two evidentiary errors: (1) the court improperly allowed one of Capitol’s experts to play a videotape of an experiment that did not replicate the conditions at the Matador restaurant and allowed hypothetical questions without proper foundation; and (2) the court disallowed four exhibits that Louie’s contends Capitol’s witness showed bias and motivation.

We reject these arguments and affirm the judgment.

This opinion will not be published.

Dist III, Lincoln County, Hartley, J., Per Curiam

Attorneys:

For Appellant: Douglas J. Klingberg, Wausau; Mary Susan Anderson, Wausau

For Respondent: Michael J. Stingl, Wausau; Shane W. Falk, Wausau

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