NICK v. TOYOTA MOTOT SALES

No. 90-0762.

160 Wis.2d 373 (1991)

466 N.W.2d 215

James E. NICK, Plaintiff-Respondent, v. TOYOTA MOTOR SALES, U.S.A., INC., Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided January 23, 1991.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of James E. Bartzen of Boardman, Suhr, Curry & Field of Madison.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Gene M. Potack of Menominee, Michigan.

On behalf of the International Automobile Manufacturers, Inc., the cause was submitted on the Amicus Curiae Brief of Gregory W. Lyons of O'Neil, Cannon & Hotlman, S.C. of Milwaukee.

On behalf of the Center for Public Representation, the cause was submitted on the Amicus Curiae Brief of Lawrence A. Towers of Milwaukee, and Robert J. Dreps, of LaFollette & Sinykin of Madison.

On behalf of the Wisconsin Department of Justice, the cause was submitted on the Amicus Curiae Brief of Donald J. Hanaway, attorney general, and William C. Wolford, assistant attorney general, of Madison.

Before Cane, P.J., LaRocque and Myse, JJ.


MYSE, J.

Toyota Motor Sales appeals a judgment in favor of James Nick and against Toyota. Toyota contends that the trial court erred by ruling that Toyota was required to take back the vehicle it sold to Nick and refund the purchase price. Toyota also contends that the trial court erred in its calculation of damages. Because we conclude that Wisconsin's Lemon Law required Toyota to take back the car, we affirm that part of the judgment. Because we also conclude that...

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