West's Jury Verdicts - Wisconsin Reports

Benefits to State Bar of Wisconsin Members	Case Highlights & Features	Publicize Your Case Results
As a service to its members, the State Bar of Wisconsin has entered into an alliance agreement with West, a Thomson Reuters business, to provide award information on Wisconsin civil jury trials, bench trials, settlements, and arbitrations. State Bar members can: Request a full case summary, free of charge Submit their own case results for online publication in Westlaw's® West's Jury Verdicts – Wisconsin Reports, free of charge Order a paid online subscription to Westlaw's® West's Jury Verdicts – Wisconsin Reports Contact West: west.juryverdicts@thomsonreuters.com or 800-689-9378 For State Bar members submitting their own results for publication, West will: Send each submitter a pdf of his/her published case as it appears online in Westlaw's® West's Jury Verdicts – Wisconsin Reports, free of charge Consider highlighting and/or featuring the case in our semi-monthly "West's Jury Verdicts" article in InsideTrack, and on this web site.	*State Bar of Wisconsin's InsideTrack* Web Site Highlights - Our attorney editors select 6 cases to highlight in the State Bar of Wisconsin's semi-monthly "InsideTrack" web site in concise one-paragaph format from the approximately 25 Wisconsin cases we publish each month in full summary format. This Web Site Case of the Month - Our attorney editors also select one case to feature in its entirety in its full summary format. Case of the Month December 2009** See below	Would you like West to consider featuring or highlighting your case? » Online Submission Form
		Westlaw Litigator
		Your key resource for every phase of litigation » Learn More
		Recommend Another State Bar
		Would you like West to provide similar content for another State Bar? » Contact Us

Case of the Month December 2009

Alleged Murderer, Accomplices Owe Kids, Estate $9.1M

Estate of Vang v. Yang

Wrongful Death - Adult
Intentional Torts - Homicide
Intentional Torts - Conspiracy

Specific Liability:
Estranged husband murdered wife, mother of six children, with assistance of two others

General Injury:
Death, conscious pain and sufferings, medical expenses, funeral expenses, lost earnings, loss of mother

Jurisdiction:
State: Wisconsin
Court: Circuit Court of Wisconsin, First Judicial District, Milwaukee County.

Related Court Documents:
Plaintiffs' complaint: 2008 WL 6678250
Plaintiffs' brief in support of requested damages: 2009 WL 2481301
Judgment re: minor children v. defendants Kao and Vang Yang: 2009 WL 2485576
Judgment re: estate v. defendants Kao and Vang Yang: 2009 WL 2485577
Judgment re: minor children v. defendant Pheng Yang: 2009 WL 2485578
Judgment re: estate v. defendant Pheng Yang: 2009 WL 2485579

Case Name:
Estate of Bao VANG c/o Peter J. Walsh and Bryan Nhiayia Vang Co-Personal Representatives of the Estate and Samuel Nhia Yang, Bobbychan Yang, Steven Txu Chi Yang, Nicholas Sijhawn Yang, McKenzie-Sofia Ong Yang, and Nathan Nu-Chia Yang, Plaintiffs, v. Pheng YANG Kao Yang and Vang Yang, Defendants.

Docket/File Number:
2008CV11382

Judgment:
Plaintiffs, $9,098,251.28

Judgment Date:
June 26, 2009

Judge:
Charles F. Kahn Jr.

Attorneys:
Plaintiffs: Robert J. Welcenbach, Welcenbach Law Office, Milwaukee, Wis.

Defendant: None mentioned

Trial Type:
Bench

Experts:
None mentioned

Breakdown of Award:
$5,517,008.04 to plaintiff the estate from defendant Pheng Yang
$782,117.60 to plaintiffs the minor children from defendant Pheng Yang
$2,017,008.04 to plaintiff the estate from defendants Kao and Vang Yang
$782,117.60 to plaintiffs the minor children from defendants Kao and Vang Yang

Summary of Facts:
Bao Vang and Pheng Yang reportedly considered themselves married under H'mong tradition and culture, though they were not legally married in the state of Wisconsin. Vang allegedly had at least one of her six children with Yang.

In fall 2007 Vang reportedly terminated her relationship with Yang and began a relationship with another man, who lived in Minnesota. Yang, allegedly deeming Vang's new relationship as adulterous, plotted to kill his wife. Anticipating her arrival at his place of employment All Set Auto Service Shop in Milwaukee Nov. 7, Yang reportedly told one of his coworkers, Kao Yang, to prevent customers from entering the shop while Pheng Yang “beat her down.”

When Vang arrived, she allegedly went into the office with Pheng Yang, where he proceeded to beat her with a mallet. She reportedly suffered fatal injuries in the incident. Vang was 28 years old.

Pheng and Kao Yang reportedly disposed of the mallet and other evidence, and loaded Vang's body into a minivan. They took the body to a rental property Pheng Yang owned before allegedly transferring the decedent's body to a Toyota Camry owned by coworker Vang Yang.

Pheng Yang allegedly removed the decedent's clothing to make it appear as though she had been raped, and planned to leave the Camry in Minnesota, so Bao Vang's boyfriend could be blamed for her death.

According to the estate, both Pheng and Kao Yang were charged with first-degree intentional homicide and hiding the corpse.

The decedent's estate and her surviving minor children filed a civil wrongful-death lawsuit against Pheng, Kao and Vang Yang in the Milwaukee County Circuit Court. The plaintiffs alleged Pheng Yang premeditated Bao Vang's murder, and Kao and Vang Yang were his accomplices.

Pheng Yang admitted striking the decedent in the head five times with a hammer, the plaintiffs said.

Instead of intervening or telephoning police when Vang Yang learned what Pheng Yang planned to do, saw Pheng Yang hit the decedent between the shoulder blades with a mallet or heard Bao Vang scream, Vang Yang took no action and willingly gave Pheng Yang the keys to the Camry, the plaintiffs claimed. Vang Yang then watched as Pheng and Kao Yang moved the decedent's body and disposed of other evidence, the plaintiffs said.

The plaintiffs filed a motion for default judgment, requesting $350,000 for the minor children's loss of their mother's society and companionship. As of summer 2009, the children were between the ages of 3 and 14.

The estate requested more than $7.2 million for the decedent's conscious pain and suffering, funeral expenses, and lost future earnings. Bao Vang was a nurse who earned between $33,000 and $43,000 a year, the plaintiffs claimed, and the children relied on her for financial support. The requested amount included $5 million in punitive damages.

In April 2009 Judge Charles Kahn Jr. granted the plaintiffs' motion with regard to Pheng Yang. The judge awarded the estate more than $5.5 million and the minor children about $782,000.

Two months later Judge Kahn granted the motion with regard to Kao and Vang Yang. The judge awarded the estate more than $2 million and the minor children about $782,000.

Court: Circuit Court of Wisconsin, First Judicial District, Milwaukee County.

Westlaw Citation:
2009 WL 2877435

West's Jury Verdicts - Wisconsin Reports Citation:
West’s J.V. Wis. Rep., Vol. 5, Iss. 4, p. 10 (2009)