Schmidt v. Smith

This is an appeal from a judgment which reduced a jury verdict for loss of society and companionship under sec. 895.04(4), Stats.. (1983-84),1 from $100,000 to $50,000. The issues are (1) whether the trial court lacked competency to act upon a motion which was not filed within twenty days of the verdict, as required by sec. 805.16(1), Stats.,2 and (2) whether this court should reduce the verdict pursuant to our discretionary reversal authority, sec. 752.35, Stats. We conclude that the trial court lacked competency to reduce the verdict, but that we should exercise our discretionary reversal…