01-2109 Adney v. USAA Property & Casualty Insurance, et al.

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William Adney appeals a summary judgment dismissing his legal malpractice claim against Robert Kettering Jr. Kettering represented Adney in a personal injury action brought by Michael Gronquist. Adney contends that summary judgment was inappropriate because (1) Kettering failed to establish that there was no genuine material issue of fact as to his negligence, (2) Kettering’s negligence caused damage to Adney, and (3) Wisconsin public policy does not preclude Adney’s claims against Kettering.

We conclude that there is no genuine issue of material fact, just a difference in judgment about trial strategy, and that Kettering’s good faith decisions are judgmentally immune. In any event, there are no facts in dispute that would permit a finding that Kettering was negligent. Adney did not create genuine issues of material fact as to whether Kettering should have pursued a seat belt defense and whether Kettering should have hired medical or vocational experts to evaluate Gronquist’s injuries and damages.

Accordingly, we affirm.

This opinion will not be published.

Dist III, Douglas County, Lucci, J., Per Curiam

Attorneys:

For Appellant: Gregory A. Jennings, Chetek

For Respondent: David M. Johnson, Duluth, MN