Civil Procedure — new trials — jury compromise

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Wisconsin Court of Appeals

Civil

Civil Procedure — new trials — jury compromise

In this breach of contract case about the construction of a municipal flood-control tunnel, the Village of Elm Grove appeals that portion of the circuit court’s judgment awarding it zero dollars in attorneys’ fees, and Michels Corporation cross-appeals the circuit court’s denial of a new trial due to alleged jury compromise and refusal to change two of the jury’s special verdict answers. The circuit court interpreted the contract to limit attorneys’ fees for defective work to only those fees shown to be related to a specific defect, a sag in the tunnel, rather than all attorneys’ fees attributable to the evaluation of and determination to accept defective work. The circuit court therefore awarded the Village zero dollars in attorneys’ fees because the Village did not separate out attorneys’ fees related to the sag. We conclude all the litigation arose out of the defective work and therefore reverse the circuit court’s order awarding zero dollars in attorneys’ fees. We remand with instructions to enter judgment for the total amount of proven attorneys’ fees. On the cross-appeal, we conclude that Michels’ claim of jury compromise is unsubstantiated and that the circuit court properly declined to change the jury’s other challenged answers because the evidence supports the answers. This opinion will not be published.

2011AP274 In re the award of attorney fees, actual expenses and costs: Village of Elm Grove vs. Michels Corp.

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

Attorneys: For Appellant: Lyons, Kevin J., Milwaukee; McClean, Matthew R., Milwaukee; For Respondent: Christiansen, Jon P., Milwaukee; Johnson, Trent M., Milwaukee