00-3046 Walker v. O'Brien

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Aubrey and Irma Walker appeal from a judgment, following a jury trial, awarding them damages but not attorney’s fees. The Walkers argue that the trial court was incorrect in ruling that Wis. Stat. sec. 100.18 (1999-2000) does not apply to a private transaction and, therefore, that the trial court should have awarded attorney’s fees pursuant to sec. 100.18, as the jury found the O’Briens liable for intentional misrepresentation. Steven and Audrey O’Brien cross-appeal. They seek dismissal of the Walkers’ claim for intentional misrepresentation, alleging that the Walkers “failed to present sufficient, credible evidence to support a finding that they relied upon any misrepresentation made by the O’Briens.” Alternatively, the O’Briens seek a new trial, based upon the trial court’s allegedly erroneous preclusion of evidence.

We conclude that the Walkers did not prove that they justifiably relied on any misrepresentation made by the O’Briens.

Accordingly, without addressing any other issue, we reverse and remand for entry of a directed verdict for the O’Briens.

This opinion will not be published.

Dist I, Milwaukee County, Amato, J., Per Curiam

Attorneys:

For Appellant: Joseph J. Kroening, Menomonee Falls

For Respondent: Christine M. Benson, Waukesha; Michelle M. Stoeck, Waukesha