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CITY OF MILWAUKEE v. NL INDUSTRIES

No. 2007AP2873.

762 N.W.2d 757 (2008)

2008 WI App 181

CITY OF MILWAUKEE, a municipal corporation, Plaintiff-Appellant v. NL INDUSTRIES, a foreign corporation, Defendant-Respondent, Mautz Paint, a Wisconsin corporation, Defendant.

Court of Appeals of Wisconsin.

Opinion Filed November 25, 2008.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Christopher P. Riordan of von Briesen & Roper, S.C., of Milwaukee, and Michael D. Hausfeld, Richard S. Lewis and James J. Pizzirusso of Cohen, Milstein, Hausfeld & Toll, PLLC, of Washington, D.C., with oral argument by Richard S. Lewis.

On behalf of the defendant-respondent, the cause was submitted on the brief of James T. Murray and Michael J. Wirth of Peterson, Johnson and Murray, S.C., and Donald E. Scott, Andre M. Pauka and John M. Hughes of Bartlit, Beck, Herman, Palenchar & Scott, LLP, of Denver, CO, with oral argument by John M. Hughes.

Before CURLEY, P.J., FINE and KESSLER, JJ.

¶ 1 CURLEY, P.J.

The City of Milwaukee (the City) appeals from a final judgment entered on a jury verdict in favor of NL Industries, Inc. (NL Industries). The City raises a total of twelve claims of error. First, the City argues that the special verdict should be changed because the evidence showed that NL Industries intentionally caused the public nuisance found by the jury. In addition, the City argues that a partial new trial should be granted to remedy the...

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