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00-3539 Phoenix Controls Inc., et al. v. Eisenmann Corporation

By: dmc-admin//March 25, 2002//

00-3539 Phoenix Controls Inc., et al. v. Eisenmann Corporation

By: dmc-admin//March 25, 2002//

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Phoenix Controls, Inc. and Emergent Financial Corp. appeal a judgment entered on Phoenix’s claims against Eisenmann Corporation, which cross-appeals the judgment. A jury awarded Phoenix $946,825 in damages for Eisenmann’s intentional misrepresentation regarding payment for work Phoenix performed on a construction project for which Eisenmann served as the prime contractor. Eisenmann contends that the trial court erred in denying its motions for judgment notwithstanding the verdict, for dismissal of certain claims, for changed answers or directed verdicts on certain questions, or for a new trial. Eisenmann also cites portions of the court’s award of costs and fees as erroneous. Phoenix challenges the trial court’s rulings regarding the parties’ entitlements to contractual attorneys’ fees and the court’s denial of additional damages on its claim of promissory estoppel.

We conclude that, with one exception, the trial court did not err in denying Eisenmann’s post-verdict motions. In light of the jury’s finding that the parties had entered into a modified agreement, the court should have dismissed Phoenix’s promissory estoppel claim, but the dismissal of that claim does not affect the appealed and cross-appealed judgment.

We also affirm the trial court’s rulings regarding attorneys’ fees and costs.

Not recommended for publication in the official reports.

Dist IV, Rock County, Daley, J., Deininger, J.

Attorneys:

For Appellant: Jorge A. Gomez, Milwaukee; Sean Lamphier, Milwaukee; David A. Krutz, Milwaukee

For Respondent: Philip J. Bradbury, Madison; Devon R. Baumbach, Madison

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