Damages.

Byline: Derek Hawkins

WI Court of Appeals District I

Case Name: Western National Mutual Insurance Company, et al. v. Advanced Disposal Services Waste Midwest, LLC.

Case No.: 2018AP2213

Officials: Fitzpatrick, P.J., Blanchard and Kloppenburg, JJ.

Focus: Damages

American Wood Recycling, Inc. alleges in this action that Advanced Disposal Services Solid Waste Midwest, LLC, negligently overloaded one of American Wood's semi-trailers, resulting in damage to the trailer. At trial, the jury was asked to determine, regardless of any special verdict question addressing negligence or contributory negligence, what amount of money would "fully compensate" American Wood for "the damage to the trailer," and the jury answered $25,000. On a motion by American Wood, the circuit court changed the damages verdict to $50,289, which is the precise amount reflected on an invoice submitted by the mechanic who repaired the trailer after the loading...