Judge awards rent, not damages in Wild Truffle case
APPLETON - The judge in the civil case against Wild Truffle owner Marc Waltzer on Wednesday awarded the plaintiffs unpaid rent and cleaning costs, but not the amount they sought for damage to the property.
Plaintiff Best West LLC's lawsuit alleged that Waltzer damaged the property at 5120 W. Michaels Drive in Grand Chute and owed back rent at the now-closed Wild Truffle. The restaurant shared the building with Manderfield's Home Bakery until March 2015.
Outagamie County Judge Mitchell Metropulos awarded Best West nearly $46,000 in unpaid rent and $500 for labor costs to clean up after Waltzer left the property. He also tentatively awarded attorneys' fees, the sum of which was not set at the hearing, leaving open the ability for Waltzer's attorney to contest fees he sees as unreasonable.
Metropulos did not award the $50,000 Best West sought in damages, saying it was unclear what work was done to repair damage Waltzer was accused of doing versus the work that had to be done for the new tenant renting the space.
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Waltzer didn't appear at the first day of the case's two-day trial in April. Instead he sent a letter from a physician's assistant at a Florida walk-in clinic that claimed an undisclosed medical condition prevented him from traveling. His attorney, Steven Frassetto, had sent a written request that the trial be postponed.
Metropulos gave Waltzer two weeks to further explain the condition and said he would be willing to reconsider his ruling. He conditionally ruled in favor of the plaintiffs due to Waltzer's absence.
Waltzer then sent a follow-up letter from a Florida doctor that said he was being treated for a "potential serious medical condition" and that long-distance travel could lead to "serious potential harm." At that time, Frassetto also asked the judge to reconsider his previous ruling in the plaintiffs' favor.
On Wednesday, he again asked that the trial be rescheduled for a date that his client could appear and said Waltzer didn't want his medical history made public in the press.
The plaintiffs' attorney, Amber Coisman, argued the new letter didn't provide any additional information about Waltzer's medical condition to explain his absence. It didn't say how long he has been under the doctor's care, why he can't travel or what harm may come to him if he does, she said.
Metropulos upheld his previous decision to rule in the plaintiffs' favor and decided what to award at the hearing.
Afterward, Frassetto said that he and his client are disappointed.
"Mr. Waltzer had hoped to be able to be present and have his day in court," he said. "I'll have to discuss the judge's ruling with him and make a decision on where we go from here."
The plaintiffs declined to comment.
Alison Dirr: 920-996-7266 or adirr@gannett.com; on Twitter @AlisonDirr