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Sufficiency of Evidence

By: Derek Hawkins//March 5, 2020//

Sufficiency of Evidence

By: Derek Hawkins//March 5, 2020//

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WI Court of Appeals – District I

Case Name: Brian A. Lampe, et al. v. State Farm Mutual Automobile Insurance Company, et al.

Case No.: 2019AP656

Officials: Kessler, Dugan and Fitzpatrick, JJ.

Focus: Sufficiency of Evidence

State Farm Mutual Automobile Insurance Company appeals from a judgment awarding Brian Lampe (“Lampe”) and his wife, Tracey Lampe, damages in the amount of $175,000, which included a $45,000 award for Brian Lampe’s future health care expenses. State Farm contends that the trial evidence was insufficient to support the jury’s award of future health care expenses, and that the circuit court erred by denying State Farm’s postverdict motion to change the jury’s future health care expense award to zero. We agree with State Farm. Accordingly, we reverse the circuit court’s judgment and remand the matter with directions that a judgment be entered which does not include any amount for Lampe’s future health care expenses.

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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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