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Torts — loss of society and companionship — damages

By: WISCONSIN LAW JOURNAL STAFF//February 19, 2013//

Torts — loss of society and companionship — damages

By: WISCONSIN LAW JOURNAL STAFF//February 19, 2013//

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Wisconsin Court of Appeals

Civil

Torts — loss of society and companionship — damages

Jessica King, individually and as special administrator for the Estate of Michael Johnson, appeals a judgment dismissing her claim for loss of society and companionship and awarding Kevin Pietz and Rural Mutual Insurance Company $1,253.50 in costs. We conclude the circuit court properly dismissed King’s claim for loss of society and companionship upon a jury finding that she suffered no damages. However, we also conclude that King is a prevailing party because she recovered medical and funeral expenses from Pietz. The circuit court should not have awarded Pietz costs. Accordingly, we modify the judgment to eliminate the $1,253.50 assessment of costs against King, and affirm the judgment as modified. This opinion will not be published.

2012AP322 King, et al. v. Pietz, et al.

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

Attorneys: For Appellant: Slungaard, Rolv, New Richmond; Finke, Bridget M., Menomonie; For Respondent: Thrasher, Joe, Rice Lake

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