Torts – misrepresentation — reasonable reliance

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Wisconsin Court of Appeals

Civil

Torts – misrepresentation — reasonable reliance

This is a dispute over the validity of a personal guaranty for multiple commercial loans. The case was resolved on summary judgment. Dennis B. Tiziani appeals the circuit court’s grant of summary judgment to Johnson Bank, arguing that there are genuine issues of material fact as to whether he signed the guaranty in justified reliance on a fraudulent or material misrepresentation made by a bank representative. We agree with Tiziani, and conclude that the summary judgment record reflects genuine issues of material fact on the following questions: whether the bank representative’s statement to Tiziani constituted a misrepresentation; if so, whether the misrepresentation was fraudulent or material, and; if so, whether Tiziani’s reliance on the fraudulent or material misrepresentation was justifiable. Accordingly, we reverse and remand. Not recommended for publication in the official reports.

2010AP3121 Johnson Bank v. Tiziani, et al.

Dist IV, Dane County, Colas, J., Blanchard, J.

Attorneys: For Appellant: Burnham, Richard M., Madison; For Respondent: Callan, Laura E., Madison