2010AP1716 Olson, et al. v. Physicians Insurance Company of Wisconsin Inc., et al.
Torts Medical malpractice
10-3675 Flomo v. Firestone Natural Rubber Co., LLC
Torts Alien Tort Statute; corporate liability
2010AP1925 Ladewig v. Tremmel
Torts Dog bites; landlords A landlord is not liable for an attack by a dog belonging to a tenant. “Smaxwell dictates that in a negligence action against a landlord involving a dog bite by a dog owned by the landlord’s tenant, if the landlord could not be deemed an ‘owner’ or ‘keeper,’ then there can […]
2010AP1643 Alsteen v. Wauleco, Inc.
Torts Injury Increased risk of future harm is not an actual injury under Wisconsin law. “Here, the circuit court properly dismissed Alsteen’s claim because, even accepting the allegations in the fourth amended complaint as true, the complaint does not state a claim. We come to this conclusion for three reasons. First, Wisconsin law requires actual […]
2010AP258 Weborg, et al. v. Jenny, et al.
Torts Medical malpractice; collateral source rule; alternative treatments; jury instructions Theresa Weborg and her children, who are the surviving spouse and children of William Weborg, appeal judgments finding in favor of Dr. Joseph Rebhan, Dr. Donald Jenny and Dr. Erik Borgnes on the Weborgs’ medical malpractice actions against them. The Weborgs contend they are entitled […]
2010AP926 Silverstein v. Amidzich, et al.
Torts Breach of fiduciary duty; statute of limitations Bradford Amidzich and Allen Silverstein terminated their business agreement. Amidzich appeals a judgment deciding that payments he thought due him were not royalties and that rescissory damages, a constructive trust and prejudgment interest were not appropriate. Silverstein cross-appeals an underlying order deciding that the statute of limitat[...]
2010AP2428 Affolter, et al. v. American Family Mutual Insurance Company
Torts Wrongful death; abandonment Erik Affolter appeals a summary judgment dismissing his wrongful death claim against American Family Mutual Insurance Company. Affolter sought to recover damages for loss of society and companionship stemming from the death of his son, Zackary Cole Lyrek. The circuit court concluded Affolter was not entitled to assert a wrongful death […]
2007AP221 & 2007AP1440 Bostco, LLC, v. MMSD
Torts Nuisance A jury’s finding that the plaintiff suffered $2.1 million in damages is inconsistent with a finding that it did not suffer significant harm. “As a matter of law, the jury could not conclude that the harm was insignificant having also concluded that the District’s negligence interfered with Bostco’s use and enjoyment of its […]
2009AP1669 Fischer v. Steffen
Torts Subrogation; collateral source rule The collateral source rule does not entitle plaintiffs to recover the value of their insurer’s subrogation claim, when the insurer lost at arbitration. “In the present case, the arbitration panel found (and the insurers agreed) that the defendant was not causally negligent, and in the context of that finding the […]
Legal News
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- NAACP: No consequences for UWM Pro-Palestinian protesters shows ‘bias’ and ‘privilege’
- New complaints filed against Northwestern over Kenosha football hazing scandal
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- Lavinia Goodell 150th Anniversary commemoration to be held June 17
- WisGOP reacts to vice president’s Wisconsin visit
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- One Wisconsin Attorney’s misconduct ‘in a league of its own’
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