Sufficiency of Evidence and Damages

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WI Court of Appeals – District III

Case Name: Gordon Kosobucki, et al., v. Marlene A. Kosobucki, et al.,

Case No.: 2019AP846

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

Focus: Sufficiency of Evidence and Damages

This appeal involves a dispute between the children of John A. Kosobucki.  A jury awarded Kosobucki’s son Gordon $625,000 on his defamation claim against two of his siblings, John and Marlene. John and Marlene argue the evidence was insufficient to support the jury’s finding that, in making the statements in question, John and Marlene abused the family member well-being privilege. In the alternative, John and Marlene argue the circuit court should have reduced the jury’s award of $625,000 in damages. We reject these arguments and affirm the jury’s verdict in favor of Gordon on the defamation claim.

Gordon and his two other brothers, Dennis and Karl, cross-appeal, arguing the circuit court erred by rejecting their undue influence claim against John and Marlene. Gordon, Dennis, and Karl also argue that they were entitled to have a jury, rather than the circuit court, determine whether they had proved their undue influence claim. Again, we reject 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.