Daubert Standard-Damages Cap

WI Court of Appeals – District I

Case Name: Estate of Walter D. McGuinness v. Auto-Owners Insurance Company

Case No.: 2024AP001844

Officials: Donald, C.J.

Focus: Daubert Standard-Damages Cap

Walter McGuinness died after falling down the basement stairs in his home shortly after painters employed by Treider Industries removed the stairway handrail while performing interior painting work. His estate and widow brought a negligence action against Treider and its insurer, alleging that the removal of the handrail without adequate warning caused the fatal fall. A jury found Treider 90% negligent and Walter 10% negligent, awarding $1.5 million for Walter’s conscious pain and suffering and $5 million to his widow for loss of society and companionship. The circuit court later reduced the awards based on comparative negligence and Wisconsin’s statutory cap on wrongful-death companionship damages.

The Wisconsin Court of Appeals found that sufficient evidence, including expert testimony regarding stairway safety, the mechanics of the fall, and Walter’s conscious awareness during the fall, supported the jury’s findings on causation and damages. The court also upheld the admission of the Estate’s expert witnesses under the Daubert standard, approved the spoliation instruction based on deleted photographic evidence, and rejected claims that references to insurance, emotional testimony, and other trial events unfairly prejudiced the jury.

On cross-appeal, the Estate argued that Wisconsin’s $350,000 cap on loss-of-society-and-companionship damages in wrongful-death cases was unconstitutional. Applying rational-basis review, the court rejected both facial and as-applied challenges, concluding that the cap serves legitimate legislative purposes and applies equally to similarly situated claimants.

Affirmed.

Decided 06/02/26

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