Evidence — expert testimony

Listen to this article

Wisconsin Court of Appeals

Civil

Evidence — expert testimony

These consolidated appeals concern a complex lawsuit with multiple claims and counterclaims stemming from the construction of a large single-family dwelling. The original general contractor for the project, Kenneth F. Sullivan Co., walked away when the job was approximately 85 percent complete. The primary issue in these appeals relates to a breach of contract claim brought by the homeowners, Kenneth Keryluk and Melissa Wee (hereafter K&W), against Sullivan. That claim alleged defective work on the part of Sullivan and subcontractors under Sullivan’s supervision, and also alleged that Sullivan breached the contract when Sullivan walked off the job. Complicating matters, K&W and Sullivan later entered into a settlement agreement. Among other things, that settlement agreement purported to assign Sullivan’s potential contribution and indemnity claims against subcontractors to K&W.

Prior to and just after the start of trial, the circuit court dismissed all parties adverse to K&W, thereby ending the case. On appeal, K&W argue that the circuit court erred in multiple ways, but the core dispute is whether the circuit court erred when it deemed evidence inadmissible, leaving K&W with insufficient remaining evidence to support their claims. We address and reject K&W’s arguments on this topic and their additional arguments relating to the dismissal of their false lien, malicious prosecution, and bad faith claims. We affirm the circuit court.

Not recommended for publication in the official reports.

2011AP228, 2011AP1110 Kenneth F. Sullivan Co. v. McManamy, et al.

Dist IV, Dane County, Flanagan, J., Lundsten, P.J.

Attorneys: For Appellant: Bach, Daniel P., Madison; Bauer, Michael R., Madison; For Respondent: Bussan, Natalie T., Baraboo; Steinle, W. Timothy, Milwaukee