SUNNYSLOPE GRADING v. MILLER, BRADFORD

No. 87-1978.

148 Wis.2d 910 (1989)

437 N.W.2d 213

SUNNYSLOPE GRADING, INC., Plaintiff-Appellant, v. MILLER, BRADFORD & RISBERG, INC., Defendant, HEIN-WERNER CORPORATION, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided March 27, 1989.


Attorney(s) appearing for the Case

For the plaintiff-appellant there were briefs (in court of appeals) by Steven J. Lownik, T. Michael Schober, and Schober & Radtke, S.C., New Berlin, and oral argument by Mr. Lownik.

For the defendant-respondent there was a brief (in court of appeals) by Trevor J. Will, and Michael G. McCarty, and Foley & Lardner, Milwaukee, and oral argument by Mr. Will.


STEINMETZ, J.

The issue in this case is whether a commercial purchaser of construction equipment, which is covered by a manufacturer's warranty, has a cause of action against the manufacturer in negligence or strict liability to recover lost profits and the costs of repairing the equipment when the manufacturer did not breach its warranty and the equipment failure did not cause personal injury or damage to other property. We only address the question of whether damages...

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