Legal Opinion

Kelly v. Berg

Court of Appeals of Wisconsin

Decided December 11, 2018No. Appeal No. 2017AP2033Published

1Per curiam

¶1 This case is before us for a second time. On June 16, 2011, Joan Kelly and her dog were attacked and seriously injured by a pit bull owned by Amanda Berg and Adam Finkler. Kelly sued Finkler, Berg, and Berg's homeowner's insurer, Manitowoc Mutual Insurance Company, and a jury awarded Kelly compensatory damages for her personal injuries. Berg and Manitowoc (collectively, Berg) appealed, arguing the circuit court erroneously exercised its discretion by instructing the jury on the common-law emergency doctrine and that the jury's award of damages was excessive. We agreed that the emergency…

2Cases cited5 opinions

  1. Fandrey v. American Family Mutual InsuranceWisconsin Supreme Court · 2004
  2. Pawlowski v. American Family Mut. Ins. Co.Wisconsin Supreme Court · 2009
  3. Gasper Ex Rel. Martin v. ParbsCourt of Appeals of Wisconsin · 2001
  4. Erdmann v. Progressive Northern InsuranceCourt of Appeals of Wisconsin · 2011
  5. Kelly v. BergCourt of Appeals of Wisconsin · 2015

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