Jacque v. Steenberg Homes

Wisconsin Court of Appeals · Property

PropertyTrespassPunitive DamagesNominal Damagestrespasspunitive damagesnominal damagesBarnard rule

Facts

Steenberg Homes wanted to cross the Jacques' field to deliver a mobile home to a neighbor because the alternative private road was difficult to use in winter. The Jacques repeatedly refused permission, but after further unsuccessful bargaining, a Steenberg manager told the movers to get the home in anyway, and they bulldozed a path across the field out of the Jacques' sight. The Jacques summoned the sheriff and then brought this trespass action. At trial, Steenberg conceded trespass but disputed harm, and the trial court found the Jacques had shown only nominal damages.

Issue

When a trespass plaintiff proves only nominal damages, may punitive damages still be awarded against a private trespasser? Also, does any exception to the Barnard rule apply here based on an asserted constitutional right to exclusive enjoyment of land or the intentional nature of the trespass?

Rule

In Wisconsin, punitive damages may not be awarded when actual damages are merely nominal under Barnard v. Cohen. That exception for nominal invasions of constitutional rights is limited to actions against government actors, and the rule applies in trespass actions under Sunderman v. Warnken.

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Test yourself

One of 10 multiple-choice questions for this case. Pick an answer to see why.

In rural Ohio, Nolan Price repeatedly told Ridgeway Utility Movers, a private hauling company, not to cut across his pasture to reach a neighboring parcel. The company crossed anyway, but at trial Nolan proved no measurable loss beyond a technical invasion of possession, so the court awarded only $1 in nominal damages.

Under the majority rule of this case, may Nolan keep a jury award of punitive damages against the company?

Explanation. The majority applied the Barnard rule: punitive damages may not be awarded when actual damages are merely nominal. The court specifically held that this bar still applies in trespass actions and rejected an intentional-trespass exception for private defendants.