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eBook details

• Title: Madison v. Williamson
• Author : Wisconsin Court of Appeals
• Release Date : January 27, 2007
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

Appellant Saskia Madison, as next friend of M.M., a minor, appeals a judgment in favor of appellee Jane Smith and against Warren Reid Williamson. Madison contends (1) the trial court erred in granting Smiths no-evidence motion for summary judgment on Madisons negligence claims and in not allowing an adequate time for discovery; (2) the trial court abused its discretion in excluding certain summary judgment evidence; (3) Smith lacked standing to submit a proposed final judgment to the trial court, and the trial court erred in including a statement that Smith did not appear at trial in its final judgment; (5) the trial court erred in assessing court costs in favor of Smith; (6) the trial court erred in applying the election of remedies rule to Madisons award of actual damages; and (7) the trial court erred in applying the statutory damage caps to Madisons award of exemplary damages. We conclude that the trial court properly granted summary judgment to Smith, allowed adequate time for discovery, and any abuse of discretion in the exclusion of Madisons summary judgment evidence was harmless. We further conclude that Smith had standing, and the trial court did not err in the form of its final judgment. Finally, we conclude that the trial court properly assessed court costs, and properly applied the election of remedies rule and statutory damage caps. We therefore affirm the trial courts judgment, both on the jurys verdict against Williamson and the summary judgment in favor of Smith.

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