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Tag Archives: damages

Torts — damages

2011AP2860 Wisconsin Physicians Service Insurance Corporation, et al. v. AMCO Insurance Company

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Senate passes bill restricting attorney fees (UPDATE)

By SCOTT BAUER Associated Press MADISON, Wis. (AP) – The Wisconsin state Senate passed a measure Thursday that attempts to limit the amount of fees attorneys can collect when damages are awarded to consumers who have been harmed. The Republican-backed bill, as originally introduced, would have capped attorneys’ fees at no more than three times the amount of damages when ...

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The challenge of asking for damages

By Sylvia Hsieh Dolan Media Newswires BOSTON, MA — When Carl Bettinger stepped up to the jury box in the summer of 2007 to make closing arguments in a nursing home abuse case, he reminded the jury that his client was not just an old and sick woman, as the defense claimed. She had been a child, had played in ...

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2010AP1021 Zavala McDaniel, et al. v. Aldrich, et al.

Torts Medical malpractice; negligence; causation; damages Peri Aldrich, M.D., and her employer, Bellin Health Systems, Inc., are co-appellants in this wrongful death medical malpractice case. A jury found them causally negligent in the death of Gustavo Espinal-Santos, who was treated at a Bellin clinic by two Physician Assistants (P.A.s) under Dr. Aldrich’s supervision. Dr. Aldrich and Bellin contend the evidence ...

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2010AP304 Schwibinger, et al. v. State Farm Mutual Insurance, et al.

Torts Damages; lost earning capacity A jury found that Christopher Kamin’s negligence caused Connie Schwibinger’s injuries and that $71,000 would fairly compensate her. Schwibinger contends the trial court’s denial of her motion to amend the scheduling order precluded her from fully presenting her case and that, under Hanson v. American Family Mutual Insurance Company, 2006 WI 97, 294 Wis. 2d ...

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2010AP132 Low v. Penn Self Storage

Property Rental agreement for self-storage space; damages; amendment of pleadings This action arises out of a rental agreement for self-service storage space between Penn Self Storage and Jane Low.  After a jury trial on Low’s claim that Penn violated provisions of WIS. STAT. § 704.90 which governs self-service storage facilities, the court entered judgment in favor of Low for $15,000 ...

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2010AP355 Heritage Farms, Inc., v. Markel Ins. Co.

Torts Forest fires; damages Section 26.21 does not mandate that double damages be awarded in situations where a private owner’s property is destroyed by a forest fire which occurred though negligence. “The legislature’s use of the words ‘may’ in subsection (1) and ‘shall’ in subsection (2) in describing the liability of an individual responsible for causing a forest fire demonstrates ...

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2010AP28 Correa v. Leavitt

Torts Damages; past medical expenses Unless the presumption in Rule 908.03(6m)(bm) has been rebutted, medical bills are sufficient to prove past damages. “Although it is clear that the document from Milwaukee Neurological Institute, SC, is, under Hart’s analysis, a ‘patient health care record[],’ and that the “Medicaid Claims” documents are not, we cannot on this Record assess whether the entity ...

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07-2249, 07-2296 & 07-2297 Thompson v. Memorial Hospital of Carbondale

Employment Race discrimination; damages $500,000 is an excessive damage award for discrimination that resulted in no pecuniary loss. “We review the award under an abuse of discretion standard of review, and the district court heard all the testimony and declined Memorial’s request for a remittitur. The jury and district court heard extensive testimony from Thompson and his counselor, and his ...

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2009AP1752 Worden, et al. v. Injured Patients and Families Compensation Fund, et al.

Torts Medical malpractice; damages Autumn Worden and her parents (Worden) appeal a judgment awarding them damages in a medical malpractice action and an order denying their postverdict motions. Worden argues the jury awarded inadequate damages for her (1) past and future pain and suffering and loss of enjoyment of life, (2) future lost earnings, and (3) parents’ past and future ...

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