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Admittance of Evidence – Emotional Distress Damages

By: Derek Hawkins//January 26, 2021//

Admittance of Evidence – Emotional Distress Damages

By: Derek Hawkins//January 26, 2021//

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WI Court of Appeals – District I

Case Name: US Bank NA v. Tamara D. Tellock, et al.,

Case No.: 2019AP378

Officials: Brash, P.J., Blanchard and Dugan, JJ.

Focus: Admittance of Evidence – Emotional Distress Damages

Tamara D. Tellock appeals the judgment entered by the Milwaukee County Circuit Court reinstating a loan modification agreement Tellock entered into with US Bank.  On appeal, Tellock argues that the circuit court erred when it (1) prohibited her from introducing evidence of emotional distress damages and (2) ordered that accrued interest owed by Tellock be added to the total amount due under the reinstated agreement.

We conclude that the circuit court properly prohibited Tellock from introducing evidence of emotional distress damages because damages for emotional distress are not recoverable for a violation of WIS. STAT. § 224.77(1) (2017-18). We also conclude that the order adding accrued interest to the total amount due under the reinstated agreement is not properly before this court and, therefore, we decline to address this issue.

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Derek A Hawkins is Associate Corporate Counsel, IP at Amazon.

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