Legal Opinion
Nischke v. Farmers & Merchants Bank & Trust
Court of Appeals of Wisconsin
Decided August 16, 1994No. 93-2634PublishedCited by 32 opinions
1Opinion of the Court
*102LaROCQUE, J.
Lois Nischke appeals the reduction of her $250,000 property damage award. The award was to compensate her for damages she suffered when gasoline leaked from an underground storage tank on her property contaminating her soil and water. The court found the award contrary to law and reduced it to reflect the lesser of the cost of repair or the property's diminished value. For reasons explained herein, we reverse and remand for a new trial. However, we conclude that because Nischke is legally obligated to incur the costs of removing the hazard on her property, on retrial she may…
2Cases cited23 opinions
- State v. DyessWisconsin Supreme Court · 1985
- Hennekens v. HoerlWisconsin Supreme Court · 1991
- Mowry v. Badger State Mutual Casualty Co.Wisconsin Supreme Court · 1986
- D'Huyvetter v. A.O. Smith Harvestore ProductsCourt of Appeals of Wisconsin · 1991
- Dobratz v. ThomsonWisconsin Supreme Court · 1991
18 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Johnson Controls, Inc. v. Employers Insurance of WausauWisconsin Supreme Court · 2003
- General Casualty Co. of Wisconsin v. HillsWisconsin Supreme Court · 1997
- Koffman v. LeichtfussWisconsin Supreme Court · 2001
- Hatleberg v. Norwest Bank WisconsinWisconsin Supreme Court · 2005
- Wisconsin Power & Light Company v. Century Indemnity CompanyCourt of Appeals for the Seventh Circuit · 1997
27 more not listed; retrieve them via the Exa API.