By: Derek Hawkins//August 2, 2016//
WI Court of Appeals – District III
Case Name: St. Croix Regional Medical Center et al v. Robert Keller, et al
Case No.: 2015AP1058
Officials: Stark, P.J., Hruz and Seidl, JJ.
Focus: Court Error
Robert Keller appeals a grant of summary judgment in favor of St. Croix Regional Medical Center (St. Croix). He argues the circuit court erroneously interpreted Wisconsin’s theft-by-contractor statute, WIS. STAT. § 779.02(5), and, by extension, the statute prohibiting the misappropriation of construction loan proceeds, WIS. STAT. § 706.11(3). Keller’s brief-in-chief appears principally to argue he was not liable for violations of those statutes as a matter of law, while his reply brief appears principally to argue summary judgment was inappropriate because a genuine issue of material fact existed as to whether such violations occurred. We reject both arguments. Keller also asserts the circuit court erred by awarding treble damages for the violations under WIS. STAT. § 895.446. Again, we disagree. Accordingly, we affirm the judgment