KASKIN v. JOHN LYNCH CHEVROLET-PONTIAC

No. 2008AP1199.

767 N.W.2d 394 (2009)

2009 WI App 65

Randy W. KASKIN, Plaintiff-Appellant, v. JOHN LYNCH CHEVROLET-PONTIAC SALES, INC., a Wisconsin corporation, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed April 29, 2009.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Vincent P. Megna and Susan M. Grzeskowiak of Jastroch & Labarge, S.C. of Waukesha.

On behalf of the defendant-respondent, the cause was submitted on the brief of Jeffrey Leavell and Anissa M. Boeckman of Jeffrey Leavell, S.C. of Racine.

A nonparty brief was filed by Paul R. Norman and M. Tess O'Brien-Heinzen of Boardman, Suhr, Curry & Field, LLP for Wisconsin Automobile & Truck Dealers Association

A nonparty brief was filed by John S. Green, Assistant Attorney General, and J.B. Van Hollen, Attorney General, for the Wisconsin Department of Justice.

A nonparty brief was filed by Sarah J. Orr for the University of Wisconsin Law School Consumer Litigation Clinic.

Before BROWN, C.J., ANDERSON, P.J., and SNYDER, J.


¶ 1 BROWN, C.J.

This case concerns that part of our consumer protection law dealing with unauthorized motor vehicle repair. WISCONSIN ADMIN. CODE § ATCP 132.09(1), (4)(e) (Oct.2004)1 states, in pertinent part, that "[n]o shop may ... [d]emand or receive payment for unauthorized repairs, or for repairs that have not been performed." We hold that a major purpose of this provision is to prevent either unexpected repairs, unexpected...

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