Court Error – Damages

By: Derek Hawkins//February 4, 2020//

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WI Court of Appeals – District III

Case Name: DeEtte Fankhauser, et al. v. Curtis D. Hestad

Case No.: 2019AP110

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

Focus: Court Error – Damages

Curtis Hestad and Allied Waste Services of North America, LLC, appeal a judgment, entered upon a jury’s verdict, awarding damages to DeEtte and Ernest “Pat” Fankhauser for the destruction of a bridge on the Fankhausers’ property. Hestad and Allied argue the circuit court erred by: (1) dismissing their counterclaims against the Fankhausers; (2) failing to direct a verdict in their favor on the Fankhausers’ negligence claim; (3) failing to reduce the jury’s damages award; (4) limiting Hestad and Allied’s cross-examination of the Fankhausers; (5) failing to exclude the opinion of the Fankhausers’ damages expert; and (6) failing to include separate questions on the special verdict for different categories of damages. 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.

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