On January 16, 1996, plaintiff Nicole Poppy was a thirteen-year-old eight-grade student at Elmbrook Middle School in Brookfield, Wisconsin. On her way home from school on that date she was a passenger on a bus owned and operated by the defendant, National School Bus Service, Inc., on contract for the Elmbrook School District. She was thrown forward and suffered a comminuted fracture of her right humerus when the defendant bus driver allowed another middle school student to step on the brake. Her fracture was treated with open reduction and permanent placement of a metal plate and screws.
The evidence developed by plaintiff's counsel established that over the months leading up to the accident the defendant bus driver, among other things, allowed students (1) to freely walk about the bus while it was in operation; (2) to stand by the bus driver; (3) to open and close the doors; (4) to sit on the seat backs; (5) to throw things about the bus and off the bus at passing cars; (6) on one occasion the bus driver stopped the us and allowed students to fill up a trash can with snow and have a snowball fight on the bus as it proceeded on its route; (7) to steer the bus; (8) to operate the gas pedal; (9) to operate the brake pedal; and (10) to operate the directional signal. In a letter dated November 8, 1995, the school district notified the bus company of its concerns regarding this particular bus driver. There was no evidence that the bus company responded to this notice in any meaningful fashion.
Defendant National School Bus Service moved the court for partial summary judgment on plaintiff's punitive damage claim arguing that under newly enacted Section 895.85 the facts of this case could not, as a matter of law, support a finding of malicious or intentional disregard. Plaintiff agreed the conduct was not malicious and asserted that the facts were sufficient to support a jury finding of intentional disregard. The court held plaintiff had established a prima facie punitive case and denied defendants' motion.
Prior to trial, defendants stipulated to liability and that no one other than defendants were comparatively at fault. Defendant then moved the court for a bifurcated compensatory damage trial to be followed by a punitive damage trial. The court granted defendant's motion based on its concern that the evidence supporting punitive damages would unfairly prejudice the jury's award of compensatory damages. The court was also concerned with the implication of McAllister v. Kimberly-Clark Co., 169 Wis. 473 (1919), which holds that in an action for punitive damages against more than one defendant evidence of wealth is inadmissible.
Defendant stipulated to plaintiff's medical bills. After trial the jury returned a verdict for future medical expenses, and for past and future pain, suffering, and disability. The case then settled before the punitive damages trial.
Nicole Poppy, et. A. v. Thomas Muehlenberg, et al., Milwaukee County Case No.: 96-CV-000831. Plaintiffs were represented by John C. Cabaniss, Milwaukee, WI.