01-2421 Mercy Health System Corporation v. Gauss, et al.

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Mercy Health System Corporation (Mercy) appeals the trial court’s order dismissing its small claims action against Russell Gauss for the unpaid balance on an account in the amount of $2,624.45 plus interest. Mercy filed the action against both Gauss and Lisa Ann Rabe, who was previously married to Gauss. Mercy filed a motion for summary judgment against both Gauss and Rabe before the court commissioner and the commissioner granted the motion as to both Gauss and Rabe. Gauss, but not Rabe, demanded a trial before the court. Gauss appeared unrepresented on the scheduled date before the court, but Rabe did not appear. The court affirmed the summary judgment as to Rabe and then, because Gauss denied he was obligated for the bill, the court conducted a trial. After hearing Gauss’s testimony and the testimony of the manager of patient accounting for Mercy, the court dismissed the action as to Gauss.

Mercy contends that the trial court erred in not granting summary judgment against Gauss and also erred in dismissing its action after trial because it proved its claim against Gauss. We do not address the first issue because we conclude that the evidence presented at trial established that Gauss was liable under the doctrine of necessaries.

We therefore reverse.

This opinion will not be published.

Dist IV, Rock County, Welker, J., Vergeront, P.J.

Attorneys:

For Appellant: Peter B. King, Fontana

For Respondent: Andrew H. Frank, Janesville; Russell Wayne Gauss, Edgerton