By: Derek Hawkins//November 14, 2018//
WI Court of Appeals – District II
Case Name: Michael R. Wilhelm v. McCoy Contractors, Inc., et al.
Case No.: 2016AP1729
Officials: Neubauer, C.J., Reilly, P.J., and Hagedorn, J.
Focus: Damage Awards
This case arises from a dispute between Michael R. Wilhelm and his former employer, McCoy Contractors, Inc. (McCoy) over unpaid compensation. Wilhelm appeals from orders dismissing McCoy’s president, Daniel J. McCoy (Daniel), from the case and reducing a jury’s damages award against McCoy. McCoy, meanwhile, cross-appeals from an order awarding attorney fees to Wilhelm.
We conclude that the circuit court properly dismissed Daniel from the case and properly awarded attorney fees to Wilhelm. However, we also conclude that the court erred in reducing the jury’s damages award against McCoy, which may have affected the amount of attorney fees ordered. Therefore, we affirm in part, reverse in part, and remand with directions to reinstate the jury’s damages award and make a new determination of attorney fees.