By: WISCONSIN LAW JOURNAL STAFF//February 2, 2011//
By: WISCONSIN LAW JOURNAL STAFF//February 2, 2011//
Contracts
Breach; materiality
This marks the parties’ second appearance before this court on their breach-of-contract action. The first time, Gunderson, Inc., appealed from a grant of summary judgment in favor of Aspirus Wausau Hospital, Inc. We reversed and remanded, instructing the court to allow a jury to decide whether a material breach occurred. The case was assigned to a new judge. Once again, however, the court answered the question itself, this time directing the verdict in Gunderson’s favor, and submitted to the jury only the damages question. Aspirus appeals from the judgment entered on the directed verdict. Because we conclude that the trial court should have given the breach-of-contract question to the jury, we once more reverse and remand with directions. This opinion will not be published.
2010AP1178 Gunderson Inc. v. Aspirus Wausau Hospital Inc.
Dist II, Winnebago County, Gritton, J., Per Curiam
Attorneys: For Appellant: Peterson, H. D., Madison; Laubmeier, John J., Madison; For Respondent: Curry, I. Gregg , IV, Appleton; Curry, Michael W., Appleton