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NEIDER v. SPOEHR

No. 247.

39 Wis.2d 552 (1968)

159 N.W.2d 587

NEIDER, Appellant, v. SPOEHR and others, Respondents.

Supreme Court of Wisconsin.

Decided June 28, 1968.

Attorney(s) appearing for the Case

For the appellant there was a brief by Lee, Lee & Johnson, attorneys, and Melli, Smith, Shiels & McCrory of counsel, all of Madison, and oral argument by Robert W. Smith.

For the respondents there was a brief by William L. McCusker of Madison, for Clarence Spoehr and Milwaukee Mutual Insurance Company, and by Hart, Kraege, Wightman, Bieber & Thurow of Madison, for William Neider and Northwestern National Insurance Company, and oral argument by Mr. McCusker.

BEILFUSS, J.

The issues are as follows:

1. Was the evidence insufficient to support an award for future loss of earning capacity?

2. Was the jury award of $20,000 for future pain, suffering and disability excessive?

3. Did the trial court abuse its discretion in setting the amount of the award pursuant to the Powers rule1 at $15,000?

In Reinke v. Woltjen (1966), 32 Wis.2d...

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