Jacque v. Steenberg Homes

• Jacque = a couple in Wisconsin owning 170 acres of farm land
• Steenberg Homes, Inc. = "Steenberg" = a company delivering a mobile home to a neighbor of Jacque
• Jacque was very upset that Steenberg trespassed on his land to deliver the mobile home
• The seven (7) feet of snow on the nearest road made it difficult to deliver the mobile home without passing through Jacque's land. Jacque refused to grant permission to Steenberg to drive over his land
• Jacque reported the trespass to the police.
• Police gave Jacque a $30 citation in 1993
• Jacque wasn't happy about the intentional trespass

• Jacque sued Steenberg seeking damages for intentional trespass
• Jacque sought both compensatory & punitive damages
• The jury awarded $1 in nominal damages to Jacque + $100,000 in punitive damages
• However, the judge decided that punitive damages couldn't be awarded in the absence of compensatory damages. Essentially, Steenberg won.
• Steenberg also won in the Wisconsin Court of Appeals.

May a jury award punitive damages without compensatory damages in an intentional trespass case?

Steenberg argued that no harm was caused to the land.

Punitive damages may be awarded for an intentional trespass, even in the absence of compensatory damages.

Reversed

Judge Bablitch: In order for the court to send a message to Steenberg & other intentional trespassers, the punitive damages of $100,000 are reinstated and warranted. Owners of private property must have the right to exclude intentional trespassers.