Sufficiency of Evidence

By: Derek Hawkins//May 19, 2020//

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WI Court of Appeals – District IV

Case Name: Jaime Martinez, et al. v. Regent Insurance Company, et al.

Case No.: 2018AP1685

Officials: Blanchard, Graham, and Nashold, JJ.

Focus: Sufficiency of Evidence

Jamie and Maggie Martinez appeal a judgment, following a jury trial, dismissing their claims against Country Kitchen, its owners Craig and Dawn Dougherty, and its insurer, and an order denying the Martinezes’ post-verdict motions. The Martinezes argue that they are entitled to a new trial because, they contend: (1) Country Kitchen failed to disclose an expert witness prior to trial, and the witness’s testimony and supporting videotape evidence were false and misleading; and (2) the Doughertys intentionally destroyed videotape footage of the slip and fall of Jamie Martinez (Martinez) at the Country Kitchen restaurant. We reject these arguments and accordingly 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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