WEBER v. CNW TRANSP. CO.

No. 93-1119.

191 Wis.2d 626 (1995)

530 N.W.2d 25

James H. WEBER, Plaintiff-Respondent-Cross Appellant, v. CHICAGO & NORTHWESTERN TRANSPORTATION COMPANY, a foreign corporation, Defendant-Appellant-Cross Respondent.

Court of Appeals of Wisconsin.

Decided February 14, 1995.


Attorney(s) appearing for the Case

For the defendant-appellant-cross respondent there were briefs and oral argument by Cannon & Dunphy, S.C., with Lynn R. Laufenberg, of Milwaukee.

For the plaintiff-respondent-cross appellant there were briefs by Borgelt, Powell, Peterson & Frauen, S.C., with M. Christine Cowles and Phyllis M. Santocroce, of Milwaukee. There was oral argument by M. Christine Cowles.

Before Sullivan, Fine and Schudson, JJ.


SCHUDSON, J.

Chicago and Northwestern Transportation Company (CNW) appeals from the judgment, following the retrial in this action, in which a jury awarded James H. Weber $135,000 for past wage loss, and another $135,000 for future loss of earning capacity, as a result of injuries he suffered while working as a welder for CNW. CNW argues that the trial court erroneously exercised discretion in ordering a new trial on the subject of damages, following the first jury...

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