Best Price Plumbing, Inc. v. Erie Ins. Exch.Annotate this Case
In this breach of contract case, the jury found that a contract existed between Erie Insurance Exchange and Best Price Plumbing but that Erie did not breach the contract. The circuit court granted Best Price's motion after verdict to change the jury's answer. The court then concluded as a matter of law that a breach occurred, and it entered judgment in favor of Best Price. The court of appeals reversed and reinstated the jury verdict. Best Price appealed, asserting that under State. v. Kenosha Home Telephone Co., it was entitled to judgment as a matter of law. The Supreme Court affirmed, holding (1) any error in the jury instructions was forfeited because the jury was not asked to answer any questions that would support the application of the Kenosha Home Telephone rule as a matter of law; and (2) there was sufficient evidence to support the jury's verdict, and the circuit court was clearly wrong when it changed that answer to the verdict question.