CITY OF WEST ALLIS v. WEPCO

Nos. 99-2944, 00-1304.

248 Wis.2d 10 (2001)

2001 WI App 226

635 N.W.2d 873

CITY OF WEST ALLIS, Kearney & Trecker Corporation and Giddings & Lewis, Inc., Plaintiffs-Respondents, v. WISCONSIN ELECTRIC POWER COMPANY, Defendant-Third-Party Plaintiff-Appellant, v. WISCONSIN GAS COMPANY, Third-Party Defendant.

Court of Appeals of Wisconsin.

Decided September 5, 2001.


Attorney(s) appearing for the Case

On behalf of the defendant-third-party plaintiff-appellant, the cause was submitted on the briefs of Robert H. Friebert of Friebert, Finerty & St. John, S.C., of Milwaukee, and Barbara Wrubel and R. Ryan Stoll of Skadden, Arps, Slate, Meagher & Flom of Chicago, Illinois, with oral argument by R. Ryan Stoll.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of J. Ric Gass and Mark M. Leitner of Kravit, Gass, Hovel & Leitner, S.C., of Milwaukee, with oral argument by J. Ric Gass.

A nonparty amicus curiae brief was filed by William R. Weissman and Steven J. Groseclose of Piper, Marbury, Rudnick & Wolfe, LLP, of Washington, D.C., and Kevin C. Potter of Brennan, Steil, Basting & MacDougall, S.C., of Madison, on behalf of Utility Solid Waste Activities Group, Edison Electric Institute, and American Gas Association.

A nonparty amicus curiae brief was filed by Franklyn M. Gimbel and Kathryn A. Keppel of Gimbel, Reilly, Guerin & Brown, of Milwaukee, on behalf of Metropolitan Milwaukee Association of Commerce.

Before Fine, Schudson and Curley, JJ.


¶ 1. CURLEY, J.

Wisconsin Electric Power Company (WEPCO) appeals from a judgment entered following a jury verdict, that awarded: the City of West Allis (City) compensatory damages of $1,252,000; Giddings & Lewis (G&L) and its subsidiary, Kearney & Trecker Corporation (K&T) (collectively, G&L), compensatory damages of $3,216,000; and the City and G&L an undivided $100,000,000 in punitive damages. WEPCO also appeals the trial court's order...

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