Patricia WISCHER, individually, and as Special Administrator of the Estate of Jeffrey A. Wischer, deceased, Marjorie DeGrave, individually, and as Special Administrator of the Estate of William R. DeGrave, deceased, and Ramona Dulde-Starr, individually, and as Special Administrator of the Estate of Jerome W. Starr, deceased, Plaintiffs-Intervenors-Respondents,
v.
MITSUBISHI HEAVY INDUSTRIES AMERICA, INC., Defendant-Appellant,
The TRAVELERS INDEMNITY COMPANY OF ILLINOIS, Defendant,
NEIL F. LAMPSON, INC., Defendant-Respondent,
LAMPSON INTERNATIONAL LTD., Federal Insurance Company, and The Tokio Marine & Fire Insurance Company, Defendants.
Patricia WISCHER, individually, and as Special Administrator of the Estate of Jeffrey A. Wischer, deceased, Marjorie DeGrave, individually, and as Special Administrator of the Estate of William R. DeGrave, deceased, and Ramona Dulde-Starr, individually, and as Special Administrator of the Estate of Jerome W. Starr, deceased, Plaintiffs-Respondents-Cross-Respondents,
v.
MITSUBISHI HEAVY INDUSTRIES AMERICA, INC., Defendant-Respondent-Cross-Appellant,
The TRAVELERS INDEMNITY COMPANY OF ILLINOIS, Defendant-Appellant-Petitioner,
NEIL F. LAMPSON, INC. and Lampson International Ltd., Defendants,
FEDERAL INSURANCE COMPANY, Defendant-Co-Appellant,
The TOKIO MARINE & FIRE INSURANCE COMPANY, Defendant.
Patricia WISCHER, individually, and as Special Administrator of the Estate of Jeffrey A. Wischer, deceased, Marjorie DeGrave, individually, and as Special Administrator of the Estate of William R. DeGrave, deceased, and Ramona Dulde-Starr, individually, and as Special Administrator of the Estate of Jerome W. Starr, deceased, Plaintiffs-Respondents-Cross-Respondents,
v.
MITSUBISHI HEAVY INDUSTRIES AMERICA, INC., Defendant-Respondent-Cross-Appellant,
The TRAVELERS INDEMNITY COMPANY OF ILLINOIS, Defendant-Appellant-Cross-Respondent,
NEIL F. LAMPSON, INC. and Lampson International Ltd., Defendants,
FEDERAL INSURANCE COMPANY and The Tokio Marine & Fire Insurance Company, Defendants-Respondents-Cross-Appellants.
Court of Appeals of Wisconsin.https://leagle.com/images/logo.png
Oral argument July 1, 2003.
Decided September 30, 2003.
Attorney(s) appearing for the Case
On behalf of the defendant-appellant and defendant-respondent-cross-appellant Mitsubishi Heavy Industries America, Inc., the cause was submitted on the briefs of Ralph A. Weber, Amelia L. McCarthy and David E. Osswald of Reinhart Boerner Van Deuren S.C., Milwaukee, Colleen D. Ball of Appellate CounselS.C., Wauwatosa and John W. Bell and Kevin G. Owens of Johnson & Bell, Ltd., Chicago, Illinois. There was oral argument by Ralph A. Weber.
On behalf of the defendant-respondent-cross-appellant Mitsubishi Heavy Industries America, Inc., the cause was submitted on the brief of Dean P. Laing and William A. Wiseman of O'Neil, Cannon & Hollman, S.C., Milwaukee. There was oral argument by Dean P. Laing.
On behalf of the defendant-respondent Neil F. Lampson, Inc., the cause was submitted on the brief of Donald H. Carlson, Jeffrey T. Nichols and Ryan G. Braithwaite of Crivello, Carlson & Mentkowski, S.C., Milwaukee. There was oral argument by Donald H. Carlson.
On behalf of the plaintiffs-intervenors-respondents and plaintiffs-respondents-cross-respondents, the cause was submitted on the briefs of Robert L. Habush, Daniel A. Rottier, Mark S. Young and Virginia M. Antoine, of Habush Habush & Rottier, S.C., Milwaukee and David P. Lowe of Jacquart & Lowe, S.C., Milwaukee. There was oral argument by Robert L. Habush.
On behalf of the defendant-appellant-petitioner and defendant-appellant-cross-respondent The Travelers Indemnity Company of Illinois, the cause was submitted on the briefs of Brady C. Williamson, James A. Friedman and Katherine Stadler, of La Follette Godfrey & Kahn, Madison. There was oral argument by Brady C. Williamson.
On behalf of the defendant, defendant-co-appellant and defendant-respondent-cross-appellant Federal Insurance Company, the cause was submitted on the briefs of John A. Busch and Christopher C. Mohrman of Michael Best & Friedrich LLP, Milwaukee and Edward B. Ruff III, Michael Clarke, pro hac vice and BenjaminA. Crane, pro hoc vice of Pretzel & Stouffer, Chartered, Chicago, Illinois. There was oral argument by John A. Busch.
On behalf of the defendant, defendant-respondent-cross appellant The Tokio Marine & Fire Insurance Company, the cause was submitted on the briefs of Jeffrey S. Fertl of Hinshaw & Culbertson, Milwaukee. There was oral argument by Jeffrey S. Fertl.
A nonparty brief was filed by Eric Englund, Madison, for Wisconsin Insurance Alliance.
An amicus curiae brief was filed by William C. Gleisner, III of Law Offices of William C. Gleisner, III, Milwaukee for the Wisconsin Academy of Trial Lawyers.
Before Wedemeyer, P.J., Fine and Schudson, JJ.
Court of Appeals of Wisconsin.
¶ 1. WEDEMEYER, P.J.
This case involves three consolidated cases in the so-called "Miller Park" appeals.1 Although the cases underlying this consolidated appeal present many issues of varying complexity, there is one dispositive issue: whether, based on the facts as conceded by the plaintiffs, the $94,000,000 punitive-damage award is contrary to the calls of WIS. STAT. § 895.85(3) (1999-2000).2 We...
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