COURT OF APPEALS DECISION DATED AND FILED June 17, 2008 David R. Schanker Clerk of Court of Appeals |
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This opinion is subject to further editing. If published, the official version will appear in the bound volume of the Official Reports. A party may file with the Supreme Court a petition to review an adverse decision by the Court of Appeals. See Wis. Stat. § 808.10 and Rule 809.62. |
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APPEAL
from a judgment of the circuit court for
¶1 KESSLER, J.[1] Jolanda Naqellari appeals from a judgment wherein she was awarded $220.55 less than she requested for repair of her vehicle following an accident in which the circuit court found the driver of the other vehicle involved one hundred percent liable for the damage. We affirm.
¶2 This case arises from a multiple vehicle collision where Candice
Jiles, the minor daughter of Devrion Cook-Jiles and Bernard Jiles, (hereinafter,
collectively Jiles), drove a vehicle without permission and while driving it, collided
with Naqellari’s vehicle and another vehicle while they were lawfully parked at
a
¶3 This court noted in its April 8, 2008 order that due to Jiles’ failure to submit their brief to the court, the judgment may be summarily reversed. We decline to do so and exercise our option to rule on the merits.
¶4 Determination of damages is within the trial court’s
discretion. Three & One Co. v. Geilfuss,
178
To determine whether the trial court properly exercised its discretion in a particular matter, we look first to the court’s on-the-record explanation of the reasons underlying its decision. And if that explanation indicates that the court looked to and “considered the facts of the case and reasoned its way to a conclusion that is (a) one a reasonable judge could reach and (b) consistent with applicable law, we will affirm the decision.”
Steinbach v. Gustafson,
177
¶5 In this case, the trial court considered the testimony of Naqellari’s own expert, the individual whose shop made the repairs. This individual testified that some of the repairs done on Naqellari’s vehicle would not have been covered by insurance if the claim had been submitted to an insurer. Based on this testimony, the trial court determined that Naqellari was not entitled to recover these amounts from Jiles, and did not include the cost of these additional repairs, along with the sales tax associated with them, in its award of damages. We do not find this conclusion clearly erroneous and affirm, awarding costs of this appeal to Naqellari.[3]
By the Court.—Judgment affirmed.
This opinion will not be published. See Wis. Stat Rule 809.23(1)(b)4.
[1] This appeal is decided by one judge pursuant to Wis. Stat. § 752.31(2) (2005-06). All references to the Wisconsin Statutes are to the 2005-06 version unless otherwise noted.
[2] Naqellari also requests in her appeal information as to how to collect on the judgment, stating that the court never provided her with this information. The court is sympathetic with Naqellari’s plight. We encourage Naqellari to contact an attorney to enforce her rights under the judgment because courts may not give legal advice.
[3] See Wis. Stat. § 809.25(1).