Village Food & Liquor Mart v. H & S Petroleum, Inc.

¶ 1. In this case, we are asked to decide whether the Wisconsin Constitution protects a litigant's right to a jury trial in a civil suit for damages under the Unfair Sales Act, Wis. Stat. § 100.30 (1999-2000).1 In a civil case that involved allegations of unfair sales practices, the defendant, H & S Petroleum (H & S), made a demand to the circuit court for a jury trial, which the plaintiff, Village Food & Liquor Mart (Village Food), moved to strike.

¶ 2. The Racine County Circuit Court, Dennis J. Barry, Judge, held that H & S had no constitutionally protected right to a jury trial and granted…