Bauer v. Murphy
In Bauer v. Murphy, 191 Wis. 2d 517, 530 N.W.2d 1 (Ct. App. 1995), the other claim dismissed on summary judgment on appeal, was for defamation.
The Court began the opinion by discussing the defamation claim, and the requirement that special damages be pleaded unless the spoken defamatory remark was slander per se, which this remark was not. 191 Wis. 2d at 525-526.
Since no special damages had been pleaded, we rejected Bauer's argument that evidence presented at trial on other claims that were not dismissed-evidence that she had incurred treatment expenses for severe clinical depression caused by the defendant's conduct-cured that pleading deficiency. 191 Wis. 2d at 527-529.
The Court held the trial court had properly dismissed a claim for intentional interference with a contract-an agreement to share an apartment-on a motion for summary judgment.
It was undisputed that the plaintiff had found another roommate and there was no evidence of any pecuniary damages. 191 Wis. 2d at 534.
The Court rejected the plaintiff's argument that we should not apply Anderson's requirement (Anderson v. Continental Ins. Co.) of substantial other damages to the tort of intentional interference with a contract, as the trial court had done in dismissing the claim. Id.