01-2877 Methodist Manor of Waukesha v. Martin

By: dmc-admin//April 29, 2002//

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“Applying this statement to the facts alleged in Methodist Manor’s amended complaint, Frederick Martin is Evelyn Martin’s ‘agent,’ he received funds from the Social Security Administration for her, and Methodist Manor is the ‘one rightfully entitled’ to those funds by virtue of § 49.45(7)(a) and Evelyn Martin’s contract with it; Frederick Martin is thus ‘under a duty to’ remit those funds to Methodist Manor.

“In sum, taking the facts as alleged in Methodist Manor’s amended complaint as true, Frederick Martin wrongfully diverted for his own use funds that he received for his mother’s care. Accordingly, Methodist Manor’s amended complaint stated claims for conversion.”

Reversed and remanded.

Recommended for publication in the official reports.

Dist I, Milwaukee County, Cooper, J., Fine, J.

Attorneys:

For Appellant: Donal M. Demet, Milwaukee; Reginald M. Hislop Jr., Milwaukee

For Respondent: Emanuel V. Gumina, Brookfield; Brian J. Henderson, Milwaukee

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