Russell Equestrian Center, Inc. v. Miller, No. 2013AP40, 2013 Wisc. App. LEXIS 535 (Wisc. Ct. App. Jun. 25, 2013)

(personal injury suit involving a collision between plaintiff’s vehicle and two horses from equestrian center in which gate did not work and horses were confined in temporary electric fence; jury returned verdict in favor of plaintiff; court held expert witness’ testimony was speculative and conclusory because it failed to explain how horses escaped or how the alleged failures identified were negligent, so testimony should have been excluded, but error was harmless; court upheld jury’s determination of negligence because defendants testified the lack of a functioning gate allowed horses to escape; court reversed finding of gross negligence which requires an extreme danger and defendants’ knowledge of risk but indifference; evidence showed electric fence had been used for fifteen years without incidence, so no evidence defendants were subjectively aware of risk; court affirmed negligence, but reversed gross negligence claim and ordered plaintiff take nothing on her judgment for that claim).

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