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Evidence — expert witnesses

Wisconsin Court of Appeals


Evidence — expert witnesses

This case involves litigation over a boiler that exploded during installation and adjustment of the boiler at Premier Cooperative. The plaintiff, Nationwide Agribusiness Insurance Company, as subrogee of its policyholder, Premier Cooperative, sued the installer, August Winter & Sons, Inc. Prior to trial, August Winter asked the circuit court to exclude the only expert witness Nationwide planned to present on the topic of the cause of the explosion. The court excluded the expert witness. The question on appeal is whether the circuit court properly excluded the witness under Wis. Stat. § 907.02(1), Wisconsin’s Daubert statute. We agree with the circuit court that the witness was properly excluded and, therefore, affirm. This opinion will not be published.

2014AP488 Nationwide Agribusiness Insurance Company as Subrogee of Premier Cooperative v. August Winter & Sons Inc.

Dist IV, Iowa County, Dyke, J., Per Curiam

Attorneys: For Appellant: Covin, Mark D., Minneapolis; Dahlmeier, David M., Minneapolis; Aggergaard, Steven P., Minneapolis; For Respondent: Christensen, Kevin A., Milwaukee; Utlaut, Heather Lynn, Milwaukee

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