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2010AP2998 Borchardt v. Gore

By: WISCONSIN LAW JOURNAL STAFF//June 28, 2011//

2010AP2998 Borchardt v. Gore

By: WISCONSIN LAW JOURNAL STAFF//June 28, 2011//

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Torts
Economic loss doctrine; statutory misrepresentation

Peter Borchardt appeals a small claims judgment, dismissing his intentional misrepresentation claim as barred by the economic loss doctrine. He asserts the circuit court erred because the economic loss doctrine does not preclude his claim. He also argues, for the first time on appeal, he is entitled to recover for misrepresentation under Wis. Stat. § 100.18. We conclude Borchardt’s claim is barred by the economic loss doctrine. Raymond Gore filed a motion, contending Borchardt’s appeal is frivolous and seeking costs and attorney fees. We conclude Borchardt’s appeal is not frivolous as contemplated by Wis. Stat. Rule 809.25(3). We affirm. This opinion will not be published.

2010AP2998 Borchardt v. Gore

Dist III, Marathon County, Huber, J., Hoover, P.J.

Attorneys: For Appellant: Borchardt, Peter A., pro se; For Respondent: Krautkramer, Benjamin J., Mosinee

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