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Evidentiary Hearing

By: Derek Hawkins//July 28, 2020//

Evidentiary Hearing

By: Derek Hawkins//July 28, 2020//

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WI Court of Appeals – District IV

Case Name: Susan K. Neberman, et al., v. Artisan and Truckers Casualty Insurance Company and Hunter Scott

Case No.: 2019AP103

Officials: Blanchard, Graham and Nashold, JJ.

Focus: Evidentiary Hearing

This appeal is brought by plaintiffs Susan Neberman and the Estate of Sean Schaller, by Douglas Schaller, personally and as special administrator (collectively, Plaintiffs). Plaintiffs appeal a circuit court judgment entered in favor of the defendants Scott Maas and Maas’s insurer, Auto Owners Insurance Company (collectively, Defendants).

Plaintiffs brought this action following an automobile crash that resulted in the death of Sean Schaller, the son of Susan Neberman and Douglas Schaller, who was a passenger in a vehicle driven by Hunter Scott. A trial was held regarding liability for the crash and potential damages, and the jury found for Defendants on all issues. Plaintiffs filed post-trial motions, requesting a new trial on liability and damages, and requesting an evidentiary hearing and a new trial based on the jury’s alleged exposure to extraneous prejudicial information.  The circuit court initially granted Plaintiffs’ motion for a new trial only as to damages but denied the motion for a new trial on liability. However, at the request of the parties, the court subsequently concluded that, because Scott had filed for bankruptcy, a new trial solely on damages would be “futile and/or moot.” The court denied Plaintiffs’ motion with respect to the alleged jury exposure to extraneous prejudicial information without holding an evidentiary hearing. Plaintiffs appeal, and Defendants cross-appeal. We 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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