Abuse of Discretion – Jury Instructions

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WI Court of Appeals – District III

Case Name: Colin Turner v. Bounce Back LLC, et al.

Case No.: 2018AP352

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

Focus: Abuse of Discretion – Jury Instructions

Colin Turner was injured while jumping onto an inflatable airbag during Country Fest, a music festival organized by Chippewa Valley Music Festival (“Chippewa Valley”). Turner sued Chippewa Valley, along with Bounce Back LLC, d/b/a US Airbag, LLC, (“US Airbag”)—the entity that designed, owned, and operated the airbag—and Great Air, Inc., d/b/a N-Flatables, Inc., (“N-Flatables”)—the entity that sewed the airbag. Following a two-week trial, a jury found that US Airbag was negligent, but its negligence was not causal; that N-Flatables was not a manufacturer of the airbag; that Chippewa Valley was not negligent; and that Turner was 100% causally negligent. The jury declined to award Turner any damages.

Turner and Freedom Life Insurance Company of America (“Freedom”)—a subrogated insurer—now appeal, arguing: (1) the jury’s verdict was perverse; (2) the circuit court erroneously exercised its discretion in instructing the jury; (3) the court erroneously exercised its discretion by denying Turner and Freedom’s motion for default judgment or a mistrial as a sanction for a discovery violation by US Airbag and N-Flatables; (4) the court erred in its responses to other improper conduct by US Airbag’s counsel; and (5) Turner and Freedom are entitled to a new trial in the interest of justice. We reject each of these arguments and affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.