189 Wis. 2d 352 - Benjamin v. Dohm’s Empirical Analysis
1994
Citation profile
26 state decisions
How this case has been cited
Cited by 30 later decisions — most recently December 2012 · most notably 222 Wis. 2d 475 - A.O. Smith Corp. v. Allstate Insurance (1998), United Cooperative v. Frontier FS Cooperative (2007)
26 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 119 Wis. 2d 722 - Kremers-Urban Co. v. American Employers Insurance Co. · 169 Wis. 2d 310 - Elliott v. Donahue · 173 Wis. 2d 30 - Grube v. Daun · 90 Wis. 2d 641 - Sola Basic Industries, Inc. v. United States Fidelity & Guaranty Co. · 116 Wis. 2d 206 - Katze v. Randolph & Scott Mutual Fire Insurance
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Strict responsibility misrepresentation provides a purchaser with the measure of damages representing the difference between the fair market value of the property in the condition when purchased and the fair market value of the property as it was represented, or the benefit of the bargain. Luebke v. Miller Consulting Eng'rs, 174 Wis. 2d 66, 70-71 , 496 N.W.2d 753, 755 (Ct. App. 1993). The measure of damages awarded to a party who successfully litigates a claim for negligent misrepresentation is the difference between the fair market value of the property at the time of the sale and the amount actually paid, or the out-of-pocket rule. Gyldenvand v. Schroeder, 90 Wis. 2d 690, 697-98 , 280 N.W.2d 235, 239 (1979).”
1 later decision quote this exact passage“There is no question that the defective condition of the house is an element in the Qualmans' complaint. Nevertheless, those defects cannot be considered the cause of the Qualmans' damages, even when interpreting both the complaint and the policy broadly.”
1 later decision quote this exact passage“[0]ur objective is to further the insured's reasonable expectations of coverage while meeting the intent of both parties to the contract.”
1 later decision quote this exact passagee.g. J. G. v. Wangard
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.