Court Error – Exclusion of Evidence

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WI Court of Appeals – District III

Case Name: Shawn M. Wallace, et al. v. Richard R. Woodford, et al.

Case No.: 2016AP2359

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

Focus: Court Error – Exclusion of Evidence

Shawn Wallace appeals a judgment, entered upon a jury verdict, dismissing his claims against Central Mudracing Association, Inc. (“Central Mudracing”), and Chippewa Valley Antique Engine and Model Club, Inc. (“Chippewa Valley”), for injuries Wallace sustained while a spectator at a mud bog racing event in 2012. Wallace seeks a new trial for three reasons: (1) the circuit court erroneously excluded evidence of a 2005 accident at the track; (2) the court erroneously denied his motion for a mistrial based upon certain closing arguments suggesting that the 2012 accident was not foreseeable; and (3) the court erred by limiting the testimony of an accident reconstruction expert to matters involving general driving principles and driver perception and reaction times. We conclude the circuit court properly exercised its discretion in all respects and affirm.

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