Wester v. Bruggink
In Wester v. Bruggink, 190 Wis. 2d 309, 326, 527 N.W.2d 373 (Ct. App. 1994) the Court stated that in determining whether a verdict award is excessive, the circuit court must view the evidence bearing on damages in the light most favorable to the plaintiff.
The Court upheld a remittitur of $ 20,000 on a $ 75,000 pain-and-suffering verdict on the following basis:
The trial court gave these reasons for its decision: that Bruggink had a preexisting injury which would have given her pain without the accident, that her quality of life was not substantially impaired and that the surgery was likely to give her significant relief from the injury. Under our deferential standard of review, we cannot conclude that these bases are unreasonable; the trial court with a view of Bruggink herself was in a better position to assess the extent to which her injuries were proved under the evidence. Therefore, we affirm the trial court on the cross-appeal. Id., 190 Wis. 2d at 327.