Legal Opinion

Kleinke v. Farmers Cooperative Supply & Shipping

Wisconsin Supreme Court

Decided June 25, 1996No. 95-0856PublishedCited by 28 opinions

1Opinion of the CourtDonald W. Steinmetz, J.

This case presents the following three issues: (1) can a party recover for emotional distress due to the negligent damage to his or her property; (2) did the trial court err in awarding costs to the plaintiffs for mediation fees; and (3) did the trial court err in awarding costs to the plaintiffs for the expenses they incurred photocopying medical records, appraisals, and exhibits. We hold that the public policy criteria of legal causation preclude the plaintiffs in this case from recovering for their emotional distress. Furthermore, we find it unlikely that legal causation will ever be…

2Cases cited8 opinions

  1. Ball v. District No. 4, Area BoardWisconsin Supreme Court · 1984
  2. Morgan v. Pennsylvania General InsuranceWisconsin Supreme Court · 1979
  3. Bowen v. Lumbermens Mutual Casualty Co.Wisconsin Supreme Court · 1994
  4. Klassa v. Milwaukee Gas Light Co.Wisconsin Supreme Court · 1956
  5. Padilla v. BydalekWisconsin Supreme Court · 1973

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3Cited by28 opinions

  1. Seminole Pipeline Co., MAPCO, Inc. v. Broad Leaf Partners, Inc., Texas Court of Appeals, 14th District (Houston)1998
  2. Rabideau v. City of RacineWisconsin Supreme Court · 2001
  3. Heng v. Rotech Medical Corp.North Dakota Supreme Court · 2006
  4. J.L. Phillips & Associates, Inc. v. E&H Plastic Corp.Wisconsin Supreme Court · 1998
  5. Hartman v. Winnebago CountyWisconsin Supreme Court · 1998

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