99-0431 Matthies v. Positive Safety Manufacturing, et al.

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Even though it is clear that the legislature intended retroactive application, at the time plaintiff’s cause of action accrued, plaintiff had a vested right to recover under an unmodified doctrine of joint and several liability.

In applying the Martin test to determine whether retroactive application of sec. 895.045(1) violates due process, we conclude that any public interest served by that retroactive application is substantially outweighed by the impairment of plaintiff’s right to recover.

Because we find that retroactive application of Wis. Stat. sec. 895.045(1) violates due process, we need not address plaintiff’s contention that such retroactive application violates the equal protection clauses of the United States and Wisconsin Constitutions and the remedies clause of the Wisconsin Constitution.

Affirmed.

Appeal from an Order of the Circuit Court for Calumet County, Poppy, J., Crooks, J.

Attorneys:

For Appellant: Erik J. Pless, Green Bay; James R. Branit, Chicago

For Respondent: R. George Burnett, Green Bay