SCHMIDT v. SMITH

No. 89-2334.

162 Wis.2d 363 (1991)

469 N.W.2d 855

Florian SCHMIDT and Donna Schmidt, Plaintiffs-Appellants-CrossRespondents, v. Blair SMITH and American Employers Insurance Company, Defendants-Respondents-Cross Appellants, Gloria J. MAAS, and American Family Mutual Insurance Company, Defendants.

Court of Appeals of Wisconsin.

Decided March 14, 1991.


Attorney(s) appearing for the Case

For the plaintiffs-appellants-cross-respondents the cause was submitted on the briefs of Robert W. Swain of Herrling & Swain, S.C. of Appleton and oral argument by Robert W. Swain.

For the defendants-respondents-cross-appellants the cause was submitted on the briefs of Michael R. McCanna of Michael R. McCanna & Associates, S.C., of Appleton and oral argument by Michael R. McCanna.

Brief of amicus curiae was filed by J. Robert Kaftan of Kaftan, Van Egeren, Gilson, Geimer & Gammeltoft, S.C. of Green Bay on behalf of Anthony and Dorothy Prokop.

Before Gartzke, P.J., Dykman and Sundby, JJ.


DYKMAN, J.

This is an appeal from a judgment which reduced a jury verdict for loss of society and companionship under sec. 895.04(4), Stats. (1983-84),1 from $100,000 to $50,000. The issues are (1) whether the trial court lacked competency to act upon a motion which was not filed within twenty days of the verdict, as required by sec. 805.16(1), Stats.,2 and (2) whether this court should reduce the verdict pursuant...

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