00-0723 Marshfield Machine Corporation, et al. v. Martin, et al.

By: dmc-admin//June 4, 2001//

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David Egger and Marshfield Machine Inc. appeal the circuit court’s dismissal of their suit against Bernard Martin, Brian Schmoll and Innovative Machine Specialists Inc. (IMS) at the close of the plaintiffs’ evidence. They contend that they introduced sufficient evidence to establish the elements of the claim of breach of fiduciary duty against Martin and Schmoll. The defendants cross-appeal, arguing that the circuit court should have granted summary judgment to them. Because we conclude that the plaintiffs failed to introduce any competent evidence that Martin’s or Schmoll’s alleged breach of fiduciary duty was a substantial cause of the diminution in Marshfield Machine’s value, we affirm the judgment of the circuit court. Not recommended for publication in the official reports.

Dist IV, Wood County, Fleischauer, J., Roggensack, J.

Attorneys:

For Appellant: James A. Higgins, Wausau

For Respondent: Ann E. Stezning-Roe, Marshfield

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