03-3428 CJJ’s Auto & Truck Center, et al. v. Pounders

By: dmc-admin//July 26, 2004//

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In this small claims action, James and Normalee Pounders appeal the judgment of $2000 plus costs entered against them on the claim of CJJ’s Auto & Truck Center and James Stogsdill (collectively, CJJ) for storages fees for their vehicle. They contend the circuit court erred in not applying the doctrine of claim preclusion to bar CJJ’s claim and in awarding damages because CJJ did not prove its claim. We conclude the court properly exercised its discretion in not applying claim preclusion and that there was sufficient evidence to support CJJ’s claim and damages.

We therefore affirm.

This opinion will not be published.

Dist IV, Juneau County, Schuh, J., Vergeront, J.

Attorneys:

For Appellant: Paul D. Polacek, Wisconsin Dells

For Respondent: James Stogsdill, pro se

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