2008AP3192 Reuben v. Koppen, et al.

Listen to this article

Property
Misrepresentation; deceptive trade practices

Diane Higgins, d/b/a Lake Homes (Higgins) appeals from an order for judgment awarding Charles F. Reuben, M.D., damages in the amount of $46,936.80, together with Wis. Stat. § 100.18(11)(b) (2007-08) attorney fees and costs in the amount of $103,708.35. Higgins contends that the circuit court erred when it changed the jury's special verdict. The jury had answered "no" when asked whether Higgins made an untrue, deceptive or misleading statement or representation to Reuben and therefore violated § 100.18. The circuit court changed the answer to this verdict question to "yes." It then directed a verdict on the follow-up question, finding that Higgins made the statement or representation "with the intent to sell [her] property" to Reuben. Higgins also contends that the economic loss doctrine precludes recovery, that no credible evidence supports the jury's finding on strict liability, and the court made several erroneous rulings on the admission of evidence. We agree with Higgins that the circuit court improperly changed two of the jury's special verdict answers and improperly awarded statutory costs and fees to Reuben. We disagree with Higgins on the remainder of her appellate contentions and therefore affirm the balance of the order for judgment. Not recommended for publication in the official reports.

2008AP3192 Reuben v. Koppen, et al.

Dist II, Waukesha County, Foster, J., Snyder, J.

Attorneys: For Appellant: Fabyan, A. Erick, Hartland; For Respondent: McClean, Matthew R., Milwaukee

Full Text