Wisconsin Statutes

Wis. Stat. § 895.02 (2026)

Measure of damages against personal representative

✓ current as of July 2026

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895.02895.02 Measure of damages against personal representative. When any action described in s. 895.01 (1) shall be prosecuted to judgment against the personal representative, the plaintiff shall be entitled to recover only for the value of the goods taken, including any unjust enrichment of the defendant, or for the damages actually sustained, without any vindictive or exemplary damages or damages for alleged outrage to the feelings of the injured party.

895.02 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 585, 784 (1975); 1977 c. 176; 2001 a. 102.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1980–2026 · leading case: Wangen v. Ford Motor Co., 294 N.W.2d 437 (Wis. 1980).

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Wangen v. Ford Motor Co., 294 N.W.2d 437 (Wis. 1980). · cites it 6× “This holding is consistent with sec. 895.02, Stats., [31] which prohibits recovery of punitive damages from a deceased wrongdoer's executor or administrator.”

In the Matter of the Est. of Johnny VAJGRT, Deceased, Bill Ernst, Inc., Intervenor-Appellant, 801 N.W.2d 570 (Iowa 2011). · cites it 2× “4Seventeen of the thirty-one jurisdictions referenced in the previous footnote deny punitive damage awards against tortfeasor estates as a matter of judicial precedent, despite the lack of any statute directly on point.”

Schimpf v. Gerald, Inc., 2 F. Supp. 2d 1150 (E.D. Wis. 1998). · cites it 5× “Wis. Stat. § 895.02 . Section 895.02 thus treats claims for amounts in excess of actual damages as if they cannot survive against an estate.”

Kraft Power Corp. v. Merrill, 981 N.E.2d 671 (Mass. 2013). “01-25 (2007); Wis. Stat. § 895.02 (2006). The majority view has not gone unchallenged, however; a minority of jurisdictions allows punitive damages to survive the death of a tortfeasor.”

Fahrenberg v. Tengel, 291 N.W.2d 516 (Wis. 1980). “” 3 We shall refer to defendant Krause, but Krause died on June 7, 1978, after judgment, and the estate of Keith Krause appealed the judgment against Krause.”

Whetstone v. Binner, 2014 Ohio 3018 (Ohio Ct. App. 2014). “424, 431 (1854) (currently codified at Wis. Stat. Ann. § 895.02 (West, Westlaw through 2011 Act 31)); Parker v.”

Est. of Carol Lorbiecki v. Pabst Brewing Co., 2026 WI 12 (Wis. 2026). “§§ 895.02 (when certain actions are “prosecuted to judgment against the personal representative, the plaintiff shall be entitled to recover only for the value of the goods taken .”

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