03-0610 Petta v. ABC Insurance et al.

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“Petta and DeValk offer no explanation as to why they should be entitled to compensation from West Bend for the vehicle damage, except to say Wis. Stat. § 895.04(4) authorizes recovery of pecuniary injury. Much like the funeral and medical expenses, we question how they have been injured by damage to Dayle’s car when Travco paid for it. There should be no recovery where there is no injury. Moreover, Petta and DeValk offer no explanation as to why Travco is not entitled to recover its payments, except to argue the application of Rimes which, as we explain below, is inapplicable in this case….

“Petta and DeValk made no payment to Travco to receive benefits, nor does the wrongful death statute allow Petta and DeValk to ‘stand in Dayle’s shoes’ vis-à-vis her relationship with Travco. The wrongful death statute gives Petta and DeValk their own claims separate from Travco’s and wholly independent of any contractual relationship between Dayle and Travco.”

Order reversed.

Recommended for publication in the official reports.

Dist III, Sawyer County, Yackel, J., Hoover, P.J.

Attorneys:

For Appellant: Steven Theesfeld, Minneapolis, MN

For Respondent: Dana J. Weis, Rhinelander