Plesko v. City of Milwaukee

In Plesko v. City of Milwaukee, 19 Wis. 2d 210, 220-21, 120 N.W.2d 130 (1963), the Court recognized that where a plaintiff is given an option to accept either a remittitur or a new trial limited to damages, the plaintiff's acceptance of the reduced damages precludes his or her seeking review of the trial court's determination of the damages issue on direct appeal. The court further held, however, that where an opposing party appeals, the party who has accepted remittitur may nevertheless seek review of the trial court's determination of the damages issue. See id.