By: Derek Hawkins//August 24, 2016//
WI Court of Appeals – District III
Case Name: Estate of Stanley G. Miller v. Diane Storey
Case No.: 2014AP2420
Officials: Stark, P.J., Hruz and Seidl, JJ.
Focus: Damages – Money Judgment
Diane Storey appeals a small claims money judgment entered after a jury trial and posttrial motions, in which the court awarded the Estate of Stanley G. Miller (the Estate) sums totaling $52,629.90. That amount included restitution damages, exemplary damages, double statutory costs, and actual attorney fees. Storey argues she was never given actual notice of any claim for theft under WIS. STAT. § 895.446,2 and, therefore, the circuit court should not have allowed any damages or other relief under that statute. Further, Storey contends statutory damages under § 895.446 may not be awarded where the Estate failed to plead exemplary damages. Storey also argues her handwriting expert should not have been precluded from offering part of his expert opinion. We reject these arguments.
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