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Torts — punitive damages

By: WISCONSIN LAW JOURNAL STAFF//December 5, 2012//

Torts — punitive damages

By: WISCONSIN LAW JOURNAL STAFF//December 5, 2012//

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Wisconsin Court of Appeals

Civil

Torts — punitive damages

Where the jury did not find tort liability, punitive damages are unavailable.

“We conclude that the trial court erred in upholding the punitive damages award. While the jury found Texas Roadhouse was liable for breach of an implied warranty, punitive damages are not available as a remedy for breach of contract or implied warranty. See Autumn Grove Joint Venture v. Rachlin, 138 Wis. 2d 273, 279-80, 405 N.W.2d 759 (Ct. App. 1987). Similarly, damages for pain and suffering are not recoverable in actions on contract. See McMahon v. Brown, 125 Wis. 2d 351, 354, 371 N.W.2d 414 (Ct. App. 1985). Because the jury did not find tort liability, much less award compensatory damages based on a tort claim, punitive damages are not available. See Musa v. Jefferson Cnty. Bank, 2001 WI 2, ¶35, 240 Wis. 2d 327, 620 N.W.2d 797 (‘Punitive damages cannot be awarded in the absence of other damages.’). We reverse the trial court’s postverdict order entering judgment in favor of Hansen for compensatory and punitive damages.”

Reversed and Remanded.

Recommended for publication in the official reports.

2010AP3137 Hansen v. Texas Roadhouse, Inc.

Dist. II, Washington County, Gonring, J., Neubauer, J.

Attorneys: For Appellant: Nolan, Patrick S., Milwaukee; Wester, Marcus Allen, Milwaukee; For Respondent: Hetzel, Ryan J., West Bend

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