Improperly Altering of Jury Verdict

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WI Court of Appeals – District I

Case Name: Estate of Angel Castillo-Rivera v. Brian C. Brown

Case No.: 2022AP001786

Officials: White, C.J., Geenen and Colón, JJ.

Focus: Improperly Altering of Jury Verdict

In a wrongful death case involving Angel Castillo-Rivera, who was struck and killed by a city bus driven by Brian C. Brown, the Estate of Castillo-Rivera filed a complaint alleging negligence. Following a three-day jury trial, the jury found Brown not negligent and awarded damages for pain, suffering, and loss of companionship. However, the trial court granted a new trial in the interest of justice, challenging the jury’s verdict as against the great weight and clear preponderance of the evidence, particularly highlighting video evidence not adequately considered by the jury regarding Brown’s duty to maintain a proper lookout.

On appeal, Brown contested the decision for a new trial, arguing it improperly altered the jury’s verdict and that the court should have applied a more stringent standard. The appeals court affirmed the trial court’s decision, emphasizing the discretion courts have in granting new trials in the interest of justice when a verdict contradicts the substantial evidence. The appellate court noted that the trial court thoroughly reviewed all evidence, including video footage that suggested Brown could have been aware of Castillo-Rivera’s presence before the accident. Consequently, the appeals court found no misuse of discretion in the trial court’s decision to grant a new trial, upholding the order for further proceedings.

Affirmed.

Decided 03/26/24

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