Damages

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WI Court of Appeals – District I

Case Name: Tony B. Anderson v. West Bend Mutual Insurance Corporation

Case No.: 2021AP001713

Officials: Brash, C.J., Donald, P.J., and White, J.

Focus: Damages

This case arises from an automobile accident that occurred on October 30, 2016, when Schnabel’s vehicle deviated from its lane of traffic and sideswiped Anderson’s vehicle. Schnabel stipulated that she was 100% negligent in causing the accident West Bend Mutual Insurance Corporation and Mary C. Schnabel (collectively, “Schnabel”) appeal a circuit court order entering judgment in favor of Anderson in the amount of $463,685.76. Schnabel argues that the circuit court erred in determining that there was a proper foundation for expert testimony regarding whether Anderson’s injuries were caused by Schnabel, and that the circuit court’s factual findings and damages awards were therefore unsupported by admissible evidence. Schnabel also argues that the circuit court erred when determining its damages awards for Anderson’s past and future pain and suffering.

The appeals court concludes that the circuit court did not erroneously exercise its discretion in admitting expert testimony regarding the causal link between the accident and Anderson’s shoulder pain. For that reason, the appeals court rejects Schnabel’s arguments that the circuit court’s factual findings and damages awards were not supported by admissible evidence and also rejects Schnabel’s argument that the circuit court erred when determining its damages awards for past and future pain and suffering.

Affirmed.

Decided 07/18/23

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