00-3332 Thomson v. United Water Services Milwaukee, LLC, et al.

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James C. Thomson appeals from the grant of summary judgment awarded to United Water Services Milwaukee LLC, and United Water Resources Inc. (collectively, UW), dismissing his breach of contract action. Thomson contends that the circuit court erred in granting summary judgment where genuine issues of material fact remained in dispute and in denying his motion to compel discovery. Thomson claims that material issues of fact exist as to whether: (1) he was either a party or third-party beneficiary to a contract between Milwaukee Metropolitan Sewerage District (MMSD) and UW; (2) he was laid off in violation of the contract; and (3) he was dismissed from his employment as part of an overall workforce downsizing.

We conclude that the circuit court prematurely granted summary judgment because discovery was necessary to determine whether UW laid off Thomson in violation of the contract. Further, the trial court should have granted Thomson’s motion to compel discovery to permit Thomson an opportunity to prove his contentions.

This opinion will not be published.

Dist I, Milwaukee County, Donegan, J., Per Curiam

Attorneys:

For Appellant: Alan C. Olson, New Berlin

For Respondent: Barry L. Chaet, Milwaukee; Drew J. Cochrane, Milwaukee