00-3195 Tri-Tech Corporation of America v. Americomp Services, Inc.

Listen to this article

“In summary, we conclude that the treble damages remedy of Wis. Stat. sec. 895.80 is available for civil theft by contractor under Wis. Stat. sec. 779.02(5), by operation of Wis. Stat. sec. 943.20. To sustain a cause of action for treble damages, however, the elements of both statutes, including the specific criminal intent element required by Wis. Stat. sec. 943.20, must be proven. Because Tri-Tech failed to establish a prima facie case on the element of specific criminal intent, and because there is a factual dispute about whether the computer network cabling is an ‘improvement’ for purposes of Wis. Stat. sec. 779.02(5), summary judgment was improperly granted. We reverse the court of appeals and remand the case to the circuit court for further proceedings.”

Reversed and remanded.

CONCURRING IN PART AND DISSENTING IN PART: Wilcox, J. “I agree with the court’s determination on summary judgment in this case. However, I disagree with the court’s conclusion on the availability of treble damages. Under the plain language of the statute, treble damages are not available for a civil action for theft by contractor under Wis. Stat. sec. 779.02(5) (1999-2000).

For that reason, I respectfully dissent.”

Waukesha County, Davis, J., Sykes, J.

Attorneys:

For Appellant: Dayten P. Hanson, Milwaukee

For Respondent: Robert J. Welcenbach, Michael J. Widmann, Milwaukee