J. K. v. Peters
808 N.W.2d 141
Wis. Ct. App.2011Background
- Peters appeals a judgment requiring him to pay over $700,000 in damages to M.J.K. and his parents for sexual assault and related conduct.
- Peters argues the trial court erred by admitting certain expert testimony and by ordering damages.
- Peters waived his evidentiary claims by failing to raise them in post-trial motions, and the court did not err in damages.
- M.J.K. was a 12-year-old victim; Peters engaged in grooming and abuse at his home in 2005–2006.
- The trial court awarded various damages, including future medical, pain and suffering, lost earning capacity, and punitive damages, after a bench trial.
- Peters did not seek post-trial relief or reconsideration of evidentiary rulings, and the court’s damages rulings were affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of evidentiary claims | Peters | Peters failed to raise claims post-trial | Waived; no miscarriage of justice shown |
| Future loss of earning capacity | M.J.K. | Peters challenges sufficiency | Award affirmed; evidence supports $100,000 |
| Future care and treatment | M.J.K. | Peters disputes reliance on expert | Award affirmed; $73,000 supported by testimony and non-mathematical certainty standard |
| Past care and treatment | M.J.K. | Lodi not disqualified on causation | Award sustained; Correa framework satisfied and Lodi qualified |
| Punitive damages | M.J.K., PK, J.K. | Punitive damages excessive or improper procedure | Award affirmed; substantial basis in grievous conduct and malice; not excessive |
Key Cases Cited
- Ford Motor Co. v. Lyons, 137 Wis. 2d 397 (Wis. Ct. App. 1987) (evidentiary-post-verdict waiver rule applies to all trials)
- Suchomel v. University of Wisconsin Hospital & Clinics, 288 Wis. 2d 188 (Wis. Ct. App. 2005) (post-trial motion requirement for evidentiary errors remains applicable)
- Ndina, 315 Wis. 2d 653 (Wis. 2009) (distinguishes forfeiture vs. waiver concepts)
- State v. Ndina, 315 Wis. 2d 653 (Wis. 2009) (clarifies waiver/forfeiture distinction in appellate review)
- Weber v. White, Wis. 2d 121 (Wis. 2004) (permissible basis for future medical expenses without exact certainty)
- Trinity Evangelical Lutheran Church and School-Freistadt v. Tower Ins. Co., 261 Wis. 2d 333 (Wis. 2003) (standards for assessing punitive damages and proportionality)