Court Error – Sufficiency of Evidence and Statue of Limitations

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WI Court of Appeals – District I

Case Name: Amy J. Wosinski, et al. v. Advance Cast Stone Co., et al.

Case No.: 2014AP1961; 2014AP2213; 2014AP2274; 2014AP2660; 2015AP1212

Officials: Brennan, P.J., Kessler and Brash, JJ.

Focus: Court Error – Sufficiency of Evidence and Statue of Limitations

On appeal, ACS argues (1) that the claims were barred based on time limitations as set forth in WIS. STATS. §§ 893.89 and 893.43 (2015-16); (2) that there were several erroneous evidentiary rulings made during the course of the trial that prejudiced ACS; and (3) that certain damages are not sufficiently supported by the evidence and should therefore be dismissed or reduced, including the punitive damages award, the damages to the Estate of Jared Kellner for pre- death pain and suffering, and the damages to Milwaukee County.

Furthermore, Liberty appeals the trial court’s finding rendered post- verdict with regard to insurance coverage issues: that there was coverage as a matter of law. Moreover, Liberty appeals the trial court’s finding that Liberty had breached its duty to defend and duty of good faith and fair dealing, and was therefore responsible for the entire amount of the damages awarded in the verdict.

Additionally, the Kellner Plaintiffs and the Wosinski Plaintiffs filed cross-appeals on several issues: (1) that the pre-trial offer of settlement made by the Kellner Plaintiffs was valid; (2) that the Wosinski Plaintiffs are entitled to statutory interest on the entire judgment, including costs; and (3) that the statute of repose does not apply as a matter of law and, as such, summary judgment should have been granted.

In sum, we reverse the trial court’s finding that Liberty breached its duty to defend ACS and, as a result, Liberty is responsible for coverage only to the extent as provided in ACS’s policy. Additionally, we find that the determination of whether Liberty breached its duty of good faith and fair dealing is a separate tort claim that is not before this court.

We reverse and remand on the issue of coverage for the damages awarded to Milwaukee County, as they are subject to the “your work” exclusion of the policy, and therefore further findings are necessary to itemize and categorize the damages, pursuant to the Jacob case, as explained in this opinion. All other issues are affirmed. Judgments affirmed in part, reversed in part, and cause remanded for further proceedings.

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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.