Dog Bite – Emergency Doctrine – Excessive Damage Award

By: Derek Hawkins//August 24, 2015//

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Civil

WI Court of Appeals – District III

Officials: Stark and Hruz, JJ., and Thomas Cane, Reserve Judge

Dog Bite – Emergency Doctrine – Excessive Damage Award

2014AP1346 Joan A. Kelly v. Amanda E. Berg

Circuit court errs in instructing jury on emergency doctrine.

“Here, the circuit court clearly instructed the jury on the emergency doctrine, rather than the rescue rule. Because the two doctrines are separate and distinct, and require proof of different elements, the existence of the rescue rule does not “support” the court’s decision to give an emergency doctrine instruction. Although the parties address whether an instruction on the rescue rule would have been appropriate, that issue is not before us, and we do not address it. “

Decision

Reversed and Remanded – Recommended for publication

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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