ELR Citation: ELR 20569
No(s). s. 92-1184, -1185 (7th Cir. Jan 7, 1993)

The court upholds a jury verdict finding a consultant liable for $2.5 million in damages arising from its negligent overestimation of the amount of processable solid waste available on a daily basis to a Wisconsin county that was opening a new waste disposal system. The court first holds that, although state law prohibits the admission of parol evidence that impeaches or contradicts the proceedings of public bodies, there was no error based on this principle. A county board member's testimony did not impeach the record, but merely supplemented it. In addition, the admission of testimony representing the county board of supervisors' collective understanding rather than the members' individual motives in supporting a resolution authorizing the construction of an incinerator was harmless error, because the jury could have inferred the board's reliance upon the consultant's estimate from other evidence. The court holds that the county is authorized to sue in its capacity as the direct purchaser of the services despite its ability to pass on its waste disposal costs to waste system users. The court also holds that the jury properly lessened the amount of the damage award by the value of the environmental benefits the county received. Finally, the court holds that liability is not precluded by public policy considerations, because there is sufficient admissible evidence of the consultant's negligence and of the county's reasonable reliance upon the consultant's advice.

Counsel for Plaintiff-Appellee
George Kersten
Kersten & McKinnon
231 W. Wisconsin Ave., Ste. 1200, Milwaukee WI 53202
(414) 271-0054

Counsel for Defendants-Appellants
Charles Clausen, Prof.
Marquette University
School of Law
1103 W. Wisconsin Ave., Rm. 340, Milwaukee WI 53233
(414) 288-1905

Before CUDAHY and COFFEY, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.