Negligence Claim – Property Damage

By: Derek Hawkins//November 27, 2018//

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WI Court of Appeals – District III

Case Name: Kmart Corporation v. Herzog Roofing, Inc.,

Case No.: 2017AP1041

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Negligence Claim – Property Damage

Kmart Corporation (Kmart) appeals a summary judgment granted in favor of Herzog Roofing, Inc. (Herzog), dismissing Kmart’s negligence claims for property damage to one of its stores. Kmart contends the circuit court erred in determining that the economic loss doctrine barred its negligence claims against Herzog. It argues the doctrine’s “other property” exception applies. We disagree and affirm.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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