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STATE
OF WISCONSIN |
IN COURT OF APPEALS DISTRICT
IV |
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Kevin
Gilmore,
Plaintiff-Appellant, v. Bruce
Fischer,
Defendant-Respondent. |
FILED March 12, 1999 CLERK OF COURT Of APPEALS OF WISCONSIN |
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ERRATA SHEET
Marilyn L. Graves
Clerk of Court of Appeals
P.O. Box 1688
Madison, WI 53701-1688
Court of Appeals District I
633 W. Wisconsin Ave., #1400
Milwaukee, WI 53203-1918
Court of Appeals District III
740 Third Street
Wausau, WI 54403-5784
Jennifer Krapf
Administrative Assistant
119 Martin Luther King Blvd.
Madison, WI 53703
Peg Carlson
Chief Staff Attorney
119 Martin Luther King Blvd.
Madison, WI 53703
Court of Appeals District II
2727 N. Grandview Blvd.
Waukesha, WI 53188-1672
Court of Appeals District IV
119 Martin Luther King Blvd.
Madison, WI 53703
Hon. George S. Curry
Trial Court Judge
Grant County Courthouse
P.O. Box 149
Lancaster, WI 53813
Diane Perkins, Trial Court Clerk
Grant County Courthouse
130 W. Maple St.
Lancaster, WI 53813
John P. McNamara
118 W. Cherry Street
Lancaster, WI 53813
James E. Lewis
Kinney & Urban
P.O. Box 528
Lancaster, WI 53813
PLEASE TAKE NOTICE that the attached page 3 is to be substituted for page 3 in the above-captioned opinion which was released on March 4, 1999.
prove a cause of action for intentional infliction of emotional distress. The plaintiffs responded that they were not claiming intentional infliction of emotional distress, rather they were asserting assault claims. The court dismissed the plaintiffs’ assault claims, but concluded that it would rule on causes of action for intentional infliction of emotional distress.
The
court awarded Beamon compensatory damages of $99 and Gilmore no compensatory
damages. It also awarded Beamon and
Gilmore punitive damages of $200 each.
Beamon did not pursue a joint appeal.
However, Gilmore appealed the court’s dismissal of his assault claim;
its failure to award punitive damages for that claim, and the amount of
punitive damages awarded for the intentional infliction of emotional distress
claim. Fischer did not cross-appeal.
DISCUSSION
Standard of Review.
The determination that a claim should be dismissed based upon insufficient proof is a question of law. Seraphine v. Hardiman, 44 Wis.2d 60, 65, 170 N.W.2d 739, 742 (1969). However, the circuit court’s award of the amount of damages is a discretionary determination which we will uphold unless the court erroneously exercised its discretion. See Brain v. Mann, 129 Wis.2d 447, 455, 385 N.W.2d 227, 231 (1986). When we review a discretionary decision, we examine the record to determine if the circuit court logically interpreted the facts, applied the proper legal standard, and used a demonstrated rational process to reach a conclusion that a reasonable judge could reach. State v. Keith, 216 Wis.2d 61, 69, 573 N.W.2d 888, 892-93 (Ct. App. 1997).