Civil Theft – damages

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Wisconsin Court of Appeals

Civil

Civil Theft – damages — jury instructions

Janet and Jeffrey Depaoli appeal from a monetary damage judgment entered on a civil jury verdict in favor of Kenosha Cemetery Association (KCA). The Depaolis contend that the evidence was insufficient to sustain the verdict against Jeffrey. They further contend that the circuit court erred in its instructions to the jury regarding damages. Finally, they contend that it is a manifest injustice that the monetary judgment against Jeffrey is not “joint and several” with Janet so as to avoid a duplication of damages.

We conclude that the evidence presented at trial was sufficient to sustain the verdict against Jeffrey. We also conclude that the circuit court did not err in its instructions to the jury regarding damages. However, we agree with the Depaolis that the current judgment reflects an unjust duplication of damages and must be corrected. Accordingly, we affirm in part, reverse in part, and remand the case to the circuit court so that it can modify the judgment in a manner consistent with this opinion. This opinion will not be published.

2012AP2089 Kenosha Cemetery Association v. Depaoli, et al.

Dist II, Kenosha County, Schroeder, J., Per Curiam

Attorneys: For Appellant: Anderegg, Rex, Milwaukee; For Respondent: Higgins, John P., Kenosha