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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 […]
2010AP1461 Grad, et al. v. Associated Bank NA
Torts Duty of care; banks Herman Grad, Marya Grad, Keith Gillam, Murielle Vendette-Gillam, Ivan Velev, and Maia Veleva (collectively, Grad) appeal a judgment dismissing their claims against Associated Bank, N.A. Grad’s complaint alleged Associated was negligent in failing to discover that one of its customers was using Associated’s services to defraud him. Grad also alleged […]
2009AP1212 & 2010AP491 Kriefall v. Sizzler USA Franchise, Inc.
Torts Equitable indemnification All sums that a defendant paid to settle a tort case are involuntary and subject to reimbursement. “Excel invokes the principle that a mere volunteer may not get equitable indemnity. See Milwaukee Mut. Ins. Co. v. Priewe, 118 Wis. 2d 318, 323, 348 N.W.2d 585, 587 (Ct. App. 1984) (‘“Indemnification shifts the […]
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[...]
Law changes affecting product liability law
It did not take long for the new administration to enact major changes this year to Wisconsin’s product liability laws, but the effects of the changes likely will take years to play out.
Juries factor down economy into verdicts
Attorneys better pick a powerful target if they want juries to hand out large verdicts in a down economy.
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 […]
The bar’s need for speed
Laws are passing at a rapid clip under the new state Legislature, forcing the slow-moving State Bar to pick up its pace, or risk being left behind.
Reform push
Christine Larson's daughter Tia entered a Port Washington nursing home in 2009 for rehabilitation from a severe episode of hypoglycemia.
Polls
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WLJ People
- Power 30 Personal Injury Attorneys – Russell Nicolet
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