2010AP738 Mayer, et al. v. Bowe, et al.

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Torts
Punitive damages; drunk driving

David Bowe appeals a judgment, entered on a jury verdict, awarding Deborah Mayer compensatory and punitive damages arising out of a drunken driving accident. Bowe contends the circuit court erred by granting Mayer summary judgment on his contributory negligence defense and by refusing to bifurcate the trial on Mayer’s compensatory and punitive damages claims. He also asserts there was insufficient evidence to support a punitive damages award, and raises a host of issues regarding the conduct of the trial. We conclude that only one of Bowe’s arguments merits reversal: there was no expert testimony establishing the cost of future nursing home care. We therefore affirm all parts of the judgment except the award of future medical expenses. We reverse that award and remand to the circuit court to make a reasonable adjustment to the award based on the evidence properly received and before the jury on the issue of future medical expenses. This opinion will not be published.

2010AP738 Mayer, et al. v. Bowe, et al.

Dist III, Chippewa County, Cameron, J., Per Curiam

Attorneys: For Appellant: Finn, Stephanie L., Eau Claire; Heit, Jay E., Eau Claire; For Respondent: McCarthy, Scott K., Janesville; Weld, Stephen L., II, Eau Claire; Strong, Daneille M., Eau Claire

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