Prudential Insurance Co. of America v. Spencer's Kenosha Bowl Inc.

Spencer’s Kenosha Bowl, Inc. (Spencer’s) appeals from a judgment awarding $369,188.21 in damages to the Prudential Insurance Company of America (Prudential). The award is for waste committed by Spencer’s upon real estate against *316which Prudential holds a mortgage. Spencer’s raises four issues on appeal: (1) whether Spencer’s, as a successor owner which did not assume the mortgage indebtedness, may be held liable for waste, including passive or permissive waste; (2) whether Prudential’s waste claim was properly included in a foreclosure action; (3) whether the trial court properly calculated…