2009AP3010 Keller v. Gaszak

By: WISCONSIN LAW JOURNAL STAFF//December 8, 2010//

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Property
Misrepresentation; expert testimony

Dennis and Laurie Gaszak appeal from a judgment that they failed to disclose basement cracks and a bulging wall when Patrick and Margaret Keller purchased their home. The Gaszaks argue that because there was no expert testimony as to cause, existence of a defect, and necessary repairs, their motion for a directed verdict should have been granted at the conclusion of the Kellers’ presentation of evidence to the jury. We conclude that there was sufficient evidence to submit the case to the jury and affirm the judgment, but we remand to the circuit court for a determination of reasonable appellate attorney fees. This opinion will not be published.

2009AP3010 Keller v. Gaszak

Dist II, Waukesha County, Bohren, J., Per Curiam

Attorneys: For Appellant: Hudec, Patrick J., East Troy; For Respondent: Stevens, Daniel W., Brookfield; Kuss, Rudolph J., Brookfield

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