Negligence – Damages

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WI Court of Appeals – District III

Case Name: Paul Halderson, et al. v. Northern States Power Company D/B/A Xcel Energy Services, Inc.

Case No.: 2017AP2176

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Negligence – Damages

Paul Halderson, Lyn Halderson, and Arctic View Farms, LLC, (collectively, the Haldersons) filed this lawsuit against Northern States Power Company d/b/a Xcel Energy Services, Inc., (NSP) alleging that “stray voltage” attributable to NSP caused damage to the health and productivity of the Haldersons’ dairy herd. A jury ultimately found in favor of the Haldersons on their negligence and private nuisance claims and awarded them just under $4.5 million in damages. The jury also made a finding of willful, wanton, or reckless conduct on the part of NSP, triggering the Haldersons’ entitlement to treble damages under WIS. STAT. § 196.64(1) (2015-16).

On appeal, the Haldersons argue the circuit court erred by granting NSP’s motion for a directed verdict on their treble damages claim. NSP crossappeals, arguing the Haldersons failed to prove negligence. In the alternative, NSP argues it is entitled to a new trial based on: (1) an erroneous jury instruction; and (2) the Haldersons’ attorney’s failure to reveal his past professional relationship with an uncle of one of the jurors.

We conclude the circuit court properly granted NSP a directed verdict on the Haldersons’ treble damages claim because the evidence at trial was insufficient for a reasonable jury to find, by clear and convincing evidence, that NSP’s conduct was willful, wanton, or reckless. In contrast, we reject NSP’s argument that the Haldersons failed to prove negligence. We further conclude NSP forfeited its objections to the allegedly erroneous jury instruction. Finally, we conclude NSP is not entitled to a new trial based on the Haldersons’ attorney’s conduct because the juror in question was removed from the jury panel prior to deliberations at NSP’s request, and NSP did not move for a mistrial. We therefore affirm the circuit court’s judgment in all respects.

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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.