Torts — misrepresentation

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Wisconsin Court of Appeals

Civil

Torts — misrepresentation

American Custom Surfacing, LLC (“American”) and two of its members, Brian McDonald and Darren Karman, appeal an order of the circuit court dismissing on summary judgment their claims for negligent, intentional, and strict liability misrepresentation against Manitowoc Cranes, Inc. d/b/a Manitowoc Crane Group (“Crane”). On appeal American, McDonald, and Karman contend the circuit court erred in concluding that the undisputed facts show that certain elements of the misrepresentation claims were not established. McDonald and Karman also contend the circuit court erred in concluding that the undisputed facts show they did not suffer harm separate from the harm suffered by American.

We conclude issues of fact preclude summary judgment on whether certain representations fall within an exception to the “present fact” requirement for misrepresentation claims and preclude summary judgment on whether American justifiably relied on the representations. Accordingly, we reverse and remand American’s claims for further proceedings. However, because we conclude the harm alleged by McDonald and Karman is a harm to American and not a harm to McDonald and Karman individually, we affirm summary judgment against McDonald and Karman on their individual claims. Not recommended for publication in the official reports.

2010AP2980 American Custom Surfacing LLC, et al. v. Manitowoc Cranes Inc., et al.

Dist II, Manitowoc County, Van Akkeren, J., Vergeront, J.

Attorneys: For Appellant: Fox, Michael R., Monona; For Respondent: Krutz, David A., Milwaukee; Kastens, Aaron H., Milwaukee; Moenck, Nathan, Madison