Negligence-Res Ipsa Loquitor

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WI Court of Appeals – District I

Case Name: Steven Rembalski v. John Plewa, Inc.

Case No.: 2022AP001154

Officials: White, J.

Focus: Negligence-Res Ipsa Loquitor

In June 2019, Rembalski entered into a contractual agreement with Plewa to remodel the kitchen and living room of Rembalski’s home. The agreement called for a $20,000 total cost, with Rembalski making a $10,000 payment in June 2019, prior to the commencement of the work. Rembalski and Plewa had a disagreement about outstanding remodeling work and Rembalski indicated he would not pay the agreed-upon price. Plewa did not return to the property to complete the remaining remodeling work, which would have included arranging an electrician for the outlet, over the payment dispute.

Rembalski appeals the judgment that dismissed his negligence claim against John Plewa, Inc. and Pekin Insurance Company (Plewa). Rembalski argues that the circuit court erred when it concluded that the doctrine of res ipsa loquitor would not apply to establish Plewa’s negligence in his home improvement work at Rembalski’s home. The appeals court noted that the record reflects that the circuit court considered all of the relevant facts to make the determination whether an application was born out by the evidence. The court did not provide a meaningful analysis of why it rejected an application of the doctrine; nonetheless, the appeals court construes its fact finding to show that it was rejecting an application of the doctrine.

Affirmed.

Decided 10/24/23

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