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ESTATE OF HOLT v. STATE FARM

No. 88-2111.

151 Wis.2d 455 (1989)

444 N.W.2d 453

ESTATE OF Raymond HOLT, Deceased, by Nichole B. Holt, Special Administrator, and Nichole B. Holt, Plaintiffs-Respondents, v. STATE FARM FIRE & CASUALTY COMPANY, K. William Lynch, and Robert D. Ross, Defendants-Appellants, AETNA LIFE & CASUALTY INSURANCE COMPANY, Defendant.

Court of Appeals of Wisconsin.

Decided June 21, 1989.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of J. Steven Tikalsky and Paul G. Bonneson of Tikalsky, Raasch & Tikalsky of Waukesha.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Charles F. Stierman and Virginia M. Antoine of Habush, Habush & Davis, S.C. of Milwaukee and Gordon K. Aaron of Axel, Aaron & Goldman of Milwaukee.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

BROWN, P.J.

This appeal requires us to determine the definition of "pecuniary injury" under our wrongful death statute, sec. 895.04(4), Stats. State Farm Fire & Casualty Company appeals from a judgment holding it liable to Nichole B. Holt for the loss of social security disability payments. The payments were terminated upon the wrongful death of Nichole's husband, Raymond. We affirm, holding that "pecuniary injury" includes loss of social security disability benefits...

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