Legal Opinion · Dissent

Below v. Norton

Wisconsin Supreme Court

Decided July 1, 2008No. 2005AP2855Published

1DissentAnn Walsh Bradley, J.

¶ 45. (dissenting). This is a case that can affect every single person who purchases a home in Wisconsin. For many citizens of this state, buying a home will be one of the most important purchases that they will make in their lifetime.

¶ 46. According to the majority, a person selling a home can look the buyer in the eye, lie about the condition of the home, and escape legal consequences in tort for the lie because of the economic loss doctrine.

¶ 47. Wisconsin has the dubious distinction of being the only state in the entire country to have expanded this judicially created doctrine in such a…

2Cases cited16 opinions

  1. Robinson Helicopter Co., Inc. v. Dana Corp.California Supreme Court · 2004
  2. Hansen v. AH Robins, Inc.Wisconsin Supreme Court · 1983
  3. Huron Tool and Engineering Co. v. Precision Consulting Services, Inc.Michigan Court of Appeals · 1995
  4. HTP, Ltd. v. Lineas Aereas CostarricensesSupreme Court of Florida · 1996
  5. Kaloti Enterprises, Inc. v. Kellogg Sales Co.Wisconsin Supreme Court · 2005

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