Torts — damages

Listen to this article

Wisconsin Court of Appeals

Civil

Torts — damages

AMCO Insurance Company provided underinsured motorist coverage to Randy Strickland and his wife, Deborah. After Strickland was involved in a collision with an underinsured motorist, the Stricklands sued AMCO, seeking to recover various damages related to neck and shoulder injuries Strickland allegedly sustained in the accident. A jury awarded Strickland $20,000 for past health care expenses, $5,000 for past impairment of earning capacity, and $20,000 for past pain and suffering. It also awarded Deborah $5,000 for loss of society and companionship. However, the jury declined to award any damages for future health care expenses, future impairment of earning capacity, or future pain and suffering. The Stricklands appeal, arguing the jury’s verdict is contrary to the great weight of the evidence and is perverse. They also ask us to grant a new trial in the interest of justice. We reject the Stricklands’ arguments and affirm.

In a cross-appeal, AMCO asserts the circuit court erred by striking an offer of judgment AMCO made to the Stricklands. The court reasoned the offer was invalid because it was a joint offer that failed to specify separate sums for Strickland’s and Deborah’s separate claims. We agree that the offer of judgment was invalid. We therefore affirm on the cross-appeal. This opinion will not be published.

2011AP2860 Wisconsin Physicians Service Insurance Corporation, et al. v. AMCO Insurance Company

Dist III. Washburn County, Harrington, J., Per Curiam

Attorneys: For Appellant: Ryberg, J. Drew, Eau Claire; For Respondent: Torvinen, Kyle H., Superior; Saunders, Lukas J., Superior