Personal Service

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WI Supreme Court

Case Name: Cheryl M. Sorenson v. Richard A Batchelder et al

Case No.: 2014AP1213

Focus: Personal Service

Personal service did not comply with Section 893.82(5), dismissal of claim proper

“Therefore, we enforce literal compliance with the plain language of Wis. Stat. § 893.82(5) unless such enforcement would lead to an absurd result. Hines v. Resnick, 2011 WI App 163, ¶16, 338 Wis. 2d 190, 807 N.W.2d 687. It necessarily follows that, in order to strictly comply as § 893.82(2m) requires, a claimant must literally follow the words of the statute. This requires a claimant to serve notice of claim on the attorney general by certified mail pursuant to the plain language of § 893.82(5). Kelly v. Reyes, 168 Wis. 2d 743, 747, 484 N.W.2d 388 (Ct. App. 1992) (holding that service by regular mail did not strictly comply with the certified mail requirement even though the attorney general received actual notice). Sorenson’s choice of personal service is simply not service by certified mail. Consequently, we conclude that Sorenson did not strictly comply with § 893.82(5).

Affirmed

Dissenting: ABRAHAMSON, BRADLEY

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.