Joel G. Wiersum and Darlene Wiersum, Appellants v. Paul R. Harder and Lisa W. Wietfeld, Appellees

Summary

The court affirmed summary judgment for Wietfeld because she owed no duty to Harder or the Wiersums under negligent-misrepresentation, nondisclosure, general-negligence, or trespass principles. It also affirmed denial of directed verdicts because Harder presented sufficient evidence of a personal reason supporting restoration damages. But it reversed the denial of JNOV, holding that the $161,000 restoration award was objectively unreasonable compared with the property's value and remanded for a new damages trial, while barring evidence of Harder's purported contract with the jury. Justice Fabe concurred in favor of limiting damages to $40,000, and Justices Stowers, Winfree, and Carpeneti separately disputed aspects of the damages ruling and the scope of the new trial.