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Torts — intentional infliction of emotional distress — battery

By: WISCONSIN LAW JOURNAL STAFF//July 1, 2014//

Torts — intentional infliction of emotional distress — battery

By: WISCONSIN LAW JOURNAL STAFF//July 1, 2014//

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Wisconsin Court of Appeals

Civil

Torts — intentional infliction of emotional distress — battery

Jacob Brekken and his father, Christopher Brekken, appeal an order that granted Ann Knopf’s motion for judgment on a jury’s verdict and denied the Brekkens’ postverdict motion for a new trial. The jury found in Knopf’s favor on the Brekkens’ claims for battery — offensive bodily contact and intentional infliction of emotional distress. The Brekkens argue: (1) the circuit court should have answered certain questions on the special verdict as a matter of law; (2) the court erroneously instructed the jury regarding an element of the battery claim; (3) no credible evidence supports the jury’s verdict on the battery claim; and (4) no credible evidence supports the jury’s verdict on the intentional infliction of emotional distress claim. We conclude the Brekkens have forfeited their right to appellate review of each of these issues. Accordingly, we affirm the order granting judgment on the verdict and denying the Brekkens’ postverdict motion.

Knopf cross-appeals, arguing the circuit court erred by denying her motion to dismiss for failure to prosecute and her motion to dismiss the battery claim at the close of evidence. Because we affirm the order granting Knopf judgment on the verdict, her cross-appeal is moot, and we need not address it. This opinion will not be published.

2013AP1900 Brekken et al. v. Knopf et al.

Dist III, Pierce County, Boles, J., Per Curiam

Attorneys: For Appellant: Schwartz, Michael D., Oakdale, Minn.; Schwartz, Brandon M., Oakdale, Minn.; For Respondent: Runde, John P., Wausau; Koback, Todd Joseph, Wausau

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