Jacque v. Steenberg Homes, Inc.

Case brief summary

Facts

A mobile home company found it easier to cross a couple's farm field. The couple repeatedly refused permission, but the company plowed through the snow and dragged the home across anyway.

Procedural history

A jury gave the couple $1 in nominal damages and $100,000 in punitive damages. The trial judge removed the punitive award, and the appeals court agreed before the case reached the Wisconsin Supreme Court.

Issue

Can a jury award punitive damages for intentional trespass even when the landowner only gets a token amount of real damages, and was $100,000 too much?

Holding

Yes, when someone intentionally trespasses on another person's land, a jury can award punitive damages even if only nominal damages were given, and here the $100,000 award was not excessive.

Reasoning

The right to keep others off your land is meaningless if trespassers only face a token payment. Punishing intentional trespassing discourages people from ignoring others' rights, especially since the company ignored clear refusals.

Opinions

Majority (Bablitch): Nominal damages can support a punitive damages award for intentional trespass to land, and the $100,000 punitive award here was not excessive.