State High Court Reinstates $94M Award for Deaths at Miller Park

The Wisconsin Supreme Court has reversed a state appellate court and reinstated a $94 million punitive damages award to the families of three men killed during the construction of Miller Park. The defendant in the case is Mitsubishi Heavy Industries, that built and provided the crane that collapsed in swirling winds, causing the men to fall to their deaths.

The state appellate court ruled that the state legislature had intended to limit punitive damages to cases where a defendant acted with malice or intent to harm. The jury found neither with respect to Mitsubishi. The state high court disagreed with this interpretation, and quoting the statutory language, held that state law requires only a finding that the defendant "acted maliciously toward the plaintiff or in intentional disregard to the rights of the plaintiffs" (W.S.A. 895.85). The court held that a reasonable jury could have concluded that Mitsubishi acted with intentional disregard in this case.

The supreme court did not address the issue of whether the damage award is excessive under state law. Chances are good that after the case goes back down to the lower court, it will be appealed on that question.

The case is Wischer v. Mitsubishi Heavy Industries. The full opinion can be found here.

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