2010AP132 Low v. Penn Self Storage

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Property
Rental agreement for self-storage space; damages; amendment of pleadings

This action arises out of a rental agreement for self-service storage space between Penn Self Storage and Jane Low.  After a jury trial on Low’s claim that Penn violated provisions of WIS. STAT. § 704.90 which governs self-service storage facilities, the court entered judgment in favor of Low for $15,000 in compensatory damages, plus costs and interest. Low presents two issues on appeal.

First, Low contends the circuit court erred in reducing the jury’s award of $22,000 to $15,000 based on a provision in the rental agreement. She asserts this provision is contrary to WIS. STAT. § 704.90 and is therefore unenforceable. We conclude that § 704.90 does not prohibit a restriction in the rental agreement on the value of the property that may be stored in the leased space and that a corresponding limitation on the compensatory damages a lessee may recover for loss of the stored property is enforceable. We emphasize that we decide this issue under § 704.90 (2007-08) and do not consider the amendments to this statute effective June 2, 2010, which we refer to in paragraph 24.

Second, Low contends the circuit court erred in precluding her from presenting the issue of punitive damages to the jury. For the reasons we explain in this opinion, we conclude the circuit court properly exercised its discretion in not allowing an amendment to Low’s pleading to add punitive damages after the close of evidence and not allowing her to present the issue of punitive damages to the jury. Accordingly, we affirm the judgment. Not recommended for publication in the official reports.

2010AP132 Low v. Penn Self Storage

Dist. IV, Dane County, Niess, J., Vergeront, P.J.

Attorneys: For Appellant: O’Neill, Matthew W., Milwaukee; For Respondent: Callan, Laura E., Madison; Amundsen, Jennifer L., Madison

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