Expert Testimony-Evidentiary Sufficiency

WI Court of Appeals – District III

Case Name: Emily Schultz v. Wayne Clark

Case No.: 2025AP001895

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

Focus: Expert Testimony-Evidentiary Sufficiency

A jury found Clark 100% negligent for a 2020 motorcycle collision in which his unmanned motorcycle struck Emily Schultz’s stopped vehicle. Schultz sued for injuries she experienced in the accident. The jury awarded Schultz approximately $2.44 million in damages, including $1.43 million for future medical expenses.

The Court of Appeals ruled that the award for future medical expenses could not stand because Schultz failed to present sufficient expert medical testimony supporting her need for future physical therapy and chiropractic care. While her treating physician testified that she suffered permanent injuries requiring ongoing Botox injections and periodic rehabilitation visits, no qualified medical expert established that future chiropractic treatment or physical therapy would be necessary or explained the extent of those treatments. The court found that a life-care planner could estimate costs but could not supply the missing medical opinions. Because the jury returned a single lump-sum award, the court could not determine whether it improperly included unsupported expenses.

Accordingly, the court remanded the case for a new trial limited to that issue.

The court also rejected Clark’s remaining arguments, holding that the trial court properly admitted testimony from the accident reconstruction expert, correctly refused Clark’s requested jury instructions, and properly denied a new trial on other claimed errors. Additional claims concerning references to Clark’s imprisonment and opposing counsel’s closing argument were forfeited because no contemporaneous objections were made at trial.

Affirmed in part, reversed in part and remanded.

Decided 08/04/26

Full Text