Mayberry v. Volkswagen of America, Inc.

¶ 47. (concurring). I write separately because while I agree that the "special circumstances" clause of Wis. Stat. § 402.714(2)1 may not be used to bar Mayberry's claim by calculating damages based on the difference between the market value and actual price of her vehicle at resale, the "special circumstances" clause of § 402.714(2) is still relevant to this case.

¶ 48. Despite Volkswagen's attempt to sustain the circuit court's order for summary judgment, what the parties are really arguing over is the amount of Mayberry's damages. Volkswagen is concerned that the standard method for…