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Wis. Stat. § 895.043

Section 895.043 - Punitive damages
Section 895.043 - Punitive damages

4 Citing briefs

  1. Patricia Carroll et al v. Abb, Inc. et al

    Brief in Support of 228 Motion for Summary Judgment

    Filed January 12, 2017

    Plaintiff would need to prove that Crane Co. acted maliciously toward Mr. Carroll and with an intentional disregard of his rights. See Wis. Stat. § 895.043 (2015-16). In this case, without sufficient evidence to even establish liability under negligence or strict liability theories Case: 3:15-cv-00373-wmc Document #: 231 Filed: 01/12/17 Page 19 of 20 16 against Crane Co., and having offered no evidence to support a request for punitive damages, Plaintiff’s “punitive damages” cause of action must be dismissed and any request for punitive damages in this case foreclosed.

  2. Kilty, Pamela et al v. Weyerhaeuser Company et al

    Brief in Opposition

    Filed October 25, 2016

    Case: 3:16-cv-00515-wmc Document #: 32 Filed: 10/25/16 Page 23 of 28 19 rights. Wis. Stat. § 895.043(3). The Wisconsin Supreme Court recently permitted a plaintiff to proceed on a punitive damages claim against a defendant where there was evidence that: [t]he asbestos-coated steam pipes were on all four floors at Milprint.

  3. Haverman, Jill et al v. Packaging Corporation of America

    Brief in Opposition

    Filed January 17, 2017

    PCA bases its argument on the contention that PCA never acted with a purpose to cause the result that occurred; was unaware that the result that ultimately did occur was substantially certain to occur based on its conduct; and that the record is devoid of any admissible evidence that permits even an inference that PCA was aware that an accident would occur. (PCA’s brief, p. 20) Wis. Stat. § 895.043(3) sets forth the legal standard for punitive damages as follows: The plaintiff may receive punitive damages if evidence is submitted showing that the defendant acted maliciously toward the plaintiff or in an intentional disregard of the rights of the plaintiff. A defendant acts with "intentional disregard," within the meaning of the punitive damages statute if he or she: (1) acts with a purpose to cause the result or consequence, or (2) is aware that the result or consequence is substantially certain to occur from the person's conduct.

  4. THE ESTATE OF ROBERT J DION v. ANCHOR PACKING COMPANY et al

    MOTION for Summary Judgment

    Filed March 28, 2011

    (Compl. ,-r 88); Wis. Stat. § 895.043(3). Punitive damages "serve the dual purpose of punishment and deterrence," Mucek v. Nationwide Commc 'ns, 2000 WI App 60,-r 40,252 Wis. 2d 426,643 N.W.2d 98, but Plaintiff has offered no evidence supporting her claim that CertainTeed engaged in behavior justifying these special damages.