Torts – misrepresentation — emotional distress

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Wisconsin Court of Appeals

Civil

Torts – misrepresentation — emotional distress

Lukowitz Properties, LLC, Matthew Lukowitz, Brooke Lukowitz, and Higher Grounds Coffee House, LLC, (collectively, the Lukowitzes) appeal a judgment, entered on a jury verdict, dismissing their Wis. Stat. § 100.18 claim against AnchorBank, FSB. The Lukowitzes contend the circuit court erred by: granting summary judgment on their common law misrepresentation claims; excluding evidence that the Lukowitzes suffered personal injuries or emotional distress; and, refusing to change the jury’s answer on whether the Lukowitzes suffered a monetary loss. The Lukowitzes also argue that one of the jury instructions misstated the law and that AnchorBank’s counsel violated the court’s ruling on a motion in limine by mentioning a settlement the Lukowitzes received in another case. This opinion will not be published.

2010AP2080 Anchor Bank FSB v. Lukowitz Properties LLC

Dist III, Chippewa County, Cameron, J., Per Curiam

Attorneys: For Appellant: Ryberg, J. Drew, Eau Claire; For Respondent: Howell, Roberta F., Madison