Contracts — future damages

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Wisconsin Court of Appeals

Civil

Contracts — future damages

In this breach-of-contract action, VCNA Prairie Wisconsin, Inc., f/k/a Central Ready Mixed, LP, and Ottawa Ready Mix, appeals from a judgment entered in favor of Bud’s Concrete, LLC. Bud’s claimed that the substandard concrete mix it purchased from Central and used in driveway installations caused the driveways to prematurely deteriorate. Whether Central breached the contract is not at issue on this appeal. Rather, Central challenges only the award of future damages—over $1 million to enable Bud’s to replace driveways made defective because of Central’s breach. Sufficient, uncontroverted evidence supported the damage award. We therefore affirm. This opinion will not be published.

2011AP1336 Bud’s Concrete LLC v. VCNA Prairie Wisconsin Inc., et al.

Dist II, Waukesha County, Hassin, J., Per Curiam

Attorneys: For Appellant: Apfeld, Michael B., Milwaukee; Levit, William H., Jr., Milwaukee; For Respondent: Schultz, Bruce A., Madison; Cavitt, Clifford Joe, Madison