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LUEBKE v. MILLER CONSULTING ENGINEERS

No. 92-0391.

174 Wis.2d 66 (1993)

496 N.W.2d 753

Gary W. LUEBKE and Valentine A. Werner, Plaintiffs-Appellants, v. MILLER CONSULTING ENGINEERS, Defendant-Respondent, ASSOCIATED BANK OF SHEBOYGAN, Defendant, MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, Defendant-Third Party Plaintiff, v. Greg LASKA, David Tetschlag and Legacy Partners, Third Party Defendants.

Court of Appeals of Wisconsin.

Decided January 27, 1993.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, there were briefs and oral argument by Richard J. Carlson, of Patterson, Jensen, Wylie, Silton & Seifert, S.C., of Appleton.

On behalf of the defendant-respondent, there were briefs by John N. Gunderson and Jefren E. Olsen of Olsen, Kloet, Gunderson & Conway of Sheboygan.

Before Nettesheim, P.J., Brown and Snyder, JJ.

BROWN, J.

In this misrepresentation case, the trial court granted a directed verdict following the conclusion of the plaintiffs' case-in-chief after it determined that no prima facie case for damages had been made. Taking the evidence in a light most favorable to the plaintiffs, we reverse and hold that there is evidence of necessary expenses caused by the fraud. We further hold that under Ollerman v. O'Rourke Co., 94 Wis.2d 17

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