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2010AP304 Schwibinger, et al. v. State Farm Mutual Insurance, et al.

By: WISCONSIN LAW JOURNAL STAFF//January 19, 2011//

2010AP304 Schwibinger, et al. v. State Farm Mutual Insurance, et al.

By: WISCONSIN LAW JOURNAL STAFF//January 19, 2011//

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Torts
Damages; lost earning capacity

A jury found that Christopher Kamin’s negligence caused Connie Schwibinger’s injuries and that $71,000 would fairly compensate her. Schwibinger contends the trial court’s denial of her motion to amend the scheduling order precluded her from fully presenting her case and that, under Hanson v. American Family Mutual Insurance Company, 2006 WI 97, 294 Wis. 2d 149, 716 N.W.2d 866, she was entitled as a matter of law to a directed verdict for the full extent of her damages. Kamin and State Farm Mutual Automobile Insurance Company (collectively, “Kamin”) cross-appeal from the order denying Kamin’s motions after verdict regarding the sufficiency of the evidence supporting Schwibinger’s claimed losses. We affirm the judgment and order in all respects. This opinion will not be published.

2010AP304 Schwibinger, et al. v. State Farm Mutual Insurance, et al.

Dist II, Van Akkeren, J., Per Curiam

Attorneys: For Appellant: Voelkner, Joseph J., Sheboygan; Cirillo, Corrado, Sheboygan; For Respondent: Pitman, Jeffrey A., Milwaukee; Groth, Jonathan P., Milwaukee; Steinman, Rebecca, Milwaukee

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