Franz v. Brennan, No. 87-2427

• Court: United States State Supreme Court of Wisconsin
• Writing for the Court: CALLOW
• Citation: 440 N.W.2d 562,150 Wis.2d 1
• Docket Number: No. 87-2427
• Decision Date: 06 June 1989
• Parties: Kay L. FRANZ, Plaintiff-Appellant-Petitioner, v. Rick M. BRENNAN, Douglas Brennan, Alice Brennan and Blue Cross & Blue Shield United of Wisconsin, Defendants, State Farm Mutual Insurance Company, Defendant-Respondent. Laurie A. OTTO, Plaintiff-Appellant-Petitioner, Warren Otto, Plaintiff, v. Rick M. BRENNAN, Douglas Brennan and Alice Brennan, Defendants, State Farm Mutual Automobile Insurance Company, Defendant-Respondent.

Page 562

440 N.W.2d 562 150 Wis.2d 1 Kay L. FRANZ, Plaintiff-Appellant-Petitioner,
v.
Rick M. BRENNAN, Douglas Brennan, Alice Brennan and Blue
Cross & Blue Shield United of Wisconsin, Defendants,
State Farm Mutual Insurance Company, Defendant-Respondent.
Laurie A. OTTO, Plaintiff-Appellant-Petitioner,
Warren Otto, Plaintiff,
v.
Rick M. BRENNAN, Douglas Brennan and Alice Brennan, Defendants,
State Farm Mutual Automobile Insurance Company, Defendant-Respondent. No. 87-2427. Supreme Court of Wisconsin. Argued April 26, 1989.
Decided June 6, 1989.

Page 563

Keith G. Ondrasek, argued, Chilton, for Kay L. Franz.

Robert Lutz, argued, Lutz, Burnett & McDermott, on brief, Chilton, for Laurie A. Otto.

Robert L. McCracken, Joan Ravanelli Miller, argued, Thomas B. Rusboldt and Nash, Spindler, Dean & Grimstad, on brief, Manitowoc, for defendant-respondent.

CALLOW, Justice.

This is a review of a decision of the court of appeals, Franz v. Brennan, 146 Wis.2d 541, 431 N.W.2d 711 (Ct.App.1988), affirming in part and reversing in part a judgment of the Manitowoc County Circuit Court, Judge Allan J. Deehr. The judgment ordered the payment of compensatory damages under sec. 343.15, Stats., to the plaintiffs Kay Franz and Laurie Otto for injuries sustained in a car accident caused by defendant Rick Brennan. The judgment also dismissed their claims for punitive damages.

The issue before this court is: Did the circuit court abuse its discretion when it ordered that evidence of the wealth of defendants Douglas and Alice Brennan be excluded and not serve as the basis for punitive damages against the Brennans? We affirm the decision of the court of appeals which held that the circuit court did not abuse its discretion. We hold that such an exclusion was proper given the purpose of sec. 343.15, Stats., and the public policy governing punitive damages.

This action involves a collision which occurred in December 1984 between a car driven by defendant Rick Brennan (Rick) and a car driven by plaintiff Laurie Otto (Otto). Plaintiff Kay Franz (Franz) was one of four passengers in the car Otto was driving. Trial testimony revealed that Rick had been drinking at a party at someone's [150 Wis.2d 4] home on the evening of the accident. After leaving the party, he spent approximately thirty minutes at another home. He then drove approximately three to five miles at which point he saw the Otto car flash its headlights at him. He pulled over to the side of the road and Otto's car pulled up beside Rick's car. After some conversation, Otto drove away. She had driven a short distance when Rick drove up very quickly behind her car and struck it from the rear. The collision took place in Otto's own lane of traffic. The plaintiff's accident

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reconstruction expert estimated that Rick's speed was between 84 and 98 miles per hour and that Otto's speed was approximately 60 miles per hour at impact. The defendant's expert witness estimated that Rick had been driving between 71 and 81 miles per hour when the collision occurred. As a result of the collision Otto's car hit a guard rail on the right, crossed the road, entered a ditch, struck an embankment and a telephone junction box and rolled over.

Otto and Franz filed two separate suits against Rick, his parents, Douglas and Alice Brennan, and their insurers in Manitowoc county court. Otto filed her complaint on July 8, 1985. Franz filed her complaint on June 16, 1986. They each sought both compensatory and punitive damages. The two lawsuits were consolidated on August 11, 1986.

On August 19, 1986, Douglas and Alice Brennan filed a motion in limine seeking to exclude evidence of their wealth. On December 3, 1986, the Manitowoc County Circuit Court, Judge Allan J. Deehr, issued an order granting this motion. In granting the motion, the court noted that the purpose of punitive damages is to punish a wrongdoer. The court determined that Rick, not his parents, was the wrongdoer, and that evidence of the parents' wealth was irrelevant.

[150 Wis.2d 5] The case was tried in the fall of 1987. The jury returned its verdict on October 8, 1987. The jury found that Rick had acted both negligently and "either maliciously or in wanton, willful or reckless disregard of the rights" of Otto and Franz. In addition to awarding compensatory damages it awarded punitive damages of $1500.00 to each of the plaintiffs.

In response to motions after the verdict, the circuit court on November 4, 1987 changed the jury's answers to the questions about whether Rick's conduct was either malicious or in wanton, willful or reckless disregard to the rights of Otto and Franz and ordered that their claim for punitive damages be...