By: Derek Hawkins//April 12, 2016//
WI Court of Appeals – District IV
Case Name: Thomas M. Smith et al v. Wisconsin Mutual Insurance Company et al
Case No.: 2015AP1499
Officials: Lundsten, Higginbotham and Sherman, JJ
Focus: Dog attack – Damages
Thomas and Cary Smith’s pet dog was attacked and badly injured by a larger dog owned by neighbors. Liability was not contested. The dispute here is over damages. The Smiths incurred significant veterinary bills and related costs in an apparently successful attempt to save their dog. The Smiths sought damages totaling over $12,000, which they argued were subject to doubling under WIS. STAT. § 174.02(1)(b). The circuit court, however, in keeping with normal limits in property damage cases, limited damages to the cost of a replacement dog of the same breed, which the parties agreed would have cost $2,695. The court doubled that amount.