Civil Litigation Project

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IN THE CIRCUIT COURT IN AND FOR ADAMS COUNTY
STATE OF WISCONSIN
Constance Wolf (f/k/a) Constance Wolfgram,
Plaintiff,
v. Case No. ___
Larry E. Olson,
Defendant,
and
Albert Dobiash,
Defendant,
COMPLAINT
NOW COMES, Plaintiff, Constance Wolf (f/k/a) Constance Wolfgram, by and through
the undersigned counsel, and for her Complaint against Larry E. Olson, and Albert
Dobiash, hereby states as follows:
1. Plaintiff brings this action for damages pursuant to a negligent home inspection of
residential property.
2. The Court has jurisdiction in this matter.
3. Plaintiff, Constance Wolfgram, resides at 24 Maple Street, Friendship, WI 53934.
4. Defendant, Lewis E. Olson, resides at 59 Grand Street, Friendship, WI 53934.
5. Defendant, Albert Dobiash, resides at 37 Roberts Street, Friendship, WI 53934.
6. The acts and/or failures to act alleged herein were duly performed by and/or are
attributable to the defendants, individually or acting by and through their agents
and employees.
7. The acts and/or failures to act were within the scope of any agency or
employment, or were ratified by defendants.
8. On October 1, 2003, Plaintiff hired the Defendants to evaluate and compose
condition reports on the basement and foundation of a home she was planning to
purchase.
9. That the Home Inspection Condition Report by the Defendants, indicated that,
the basement walls appear to be sound.” Defendants further stated in that report
that they believed “the house to be reasonably sound.”
10. In reliance on the information contained in the Home Inspection Condition
Reports provided by the Defendants, Plaintiff purchased the home for $90,000.
11. Upon purchasing the home, Plaintiff determined that the foundation was at risk of
collapsing and causing significant damage to the house.
12. Defendants were negligent in their inspection of the property by negligently
providing an incorrect analysis of the condition of both the basement and
foundation, of said property.
13. As a result of the Defendants’ aforesaid negligence, Plaintiff suffered $46,000.00
in damages.
WHEREFORE, Plaintiff demands the court enter a judgment against Larry E. Olson,
and Albert Dobiash, providing the following relief.
1. Compensatory damage in whatever amount in excess of $46,000.00,
exclusive of costs and interest, that Plaintiff is found to be entitles;
2. Punitive/exemplary damages against Larry E. Olson, and Albert Dobiash
in whatever amount, exclusive of costs and interest, that Plaintiff is found
to be entitled;
3. An award of interest, costs, and reasonable attorney’s fees;
4. Such other and further relief as the Court deems appropriate.
DATED this 7th day of July, 2017.
Elise Smith
Elise Smith, Esquire
Attorney for Plaintiff
325 Main Street
Friendship, WI 53934
Bar No. 1234
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Complaint was served by
hand delivery on July 3, 2017, to Lewis E. Olson, resides at 59 Grand Street, Friendship,
WI 53934, and Albert Dobiash, resides at 37 Roberts Street, Friendship, WI 53934.
DATED this 7th day of July, 2017.
Elise Smith
Elise Smith, Esquire
Attorney for Plaintiff
325 Main Street
Friendship, WI 53934
Bar No. 1234
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IN THE CIRCUIT COURT IN AND FOR ADAMS COUNTY
STATE OF WISCONSIN
Constance Wolf (f/k/a) Constance Wolfgram,
Plaintiff,
v. Case No. ___
Larry E. Olson,
Defendant,
and
Albert Dobiash,
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