Village Food & Liquor Mart v. H & S Petroleum, Inc., 2002 WI 92, 254 Wis. 2d 478

Summary

The Supreme Court of Wisconsin held that the Wisconsin Constitution protects a litigant's right to a jury trial in a private civil action for damages under the Wisconsin Unfair Sales Act. The court concluded that the statutory claim was sufficiently analogous to recognized common-law unfair trade practices in 1848 and that an action seeking monetary damages was legal in nature. The court reversed the circuit court's order striking the defendant's jury demand.

Holdings

1. A party has a constitutional right to have a statutory claim tried to a jury when the cause of action created by the statute existed, was known, or was recognized at common law when the Wisconsin Constitution was adopted in 1848, and the action was regarded as an action at law in 1848.
2. A private action for damages under Wis. Stat. § 100.30(5m) carries a constitutionally guaranteed right to trial by jury.

Questions Presented

1. Whether Article I, Section 5 of the Wisconsin Constitution guarantees a jury trial for a private civil action for damages under Wis. Stat. § 100.30(5m) of the Unfair Sales Act.
2. What test governs whether a statutory cause of action carries a constitutional right to trial by jury under Article I, Section 5.
3. Whether the private Unfair Sales Act claim existed, was known, or was recognized at common law in 1848 and was regarded as an action at law rather than equity.

Disposition

reversed