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Torts; Professional negligence; real estate brokers

By: WISCONSIN LAW JOURNAL STAFF//July 17, 2013//

Torts; Professional negligence; real estate brokers

By: WISCONSIN LAW JOURNAL STAFF//July 17, 2013//

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Torts; Professional negligence; real estate brokers

A jury awarded Joseph and Mary Ann Esser $500,000 after finding real estate broker Diane Higgins negligent in her duties toward them. The trial court then granted Higgins a new trial to consider the Essers’ contributory negligence. Higgins prevailed. The Essers appeal the order denying their postverdict motion to set aside that verdict and their alternative motion for a new trial in the interest of justice. Higgins cross-appeals the order denying her motions to dismiss and for judgment notwithstanding the verdict after the first trial on the basis that the economic loss doctrine bars the Essers’ negligence claim. We affirm on the appeal and dismiss the cross-appeal as moot.

Affirmed.

This opinion will not be published.

2012AP1841 Esser v. Higgins

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

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