02-0928 Mach v. Allison

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However, even though the trial court erroneously allowed further amendment to the complaint after the initial grant of summary judgment based on an incorrect legal standard, we remand to allow review under the correct legal standard. And, if the trial court decides to allow amendment of the original complaint, we direct a trial on the alleged defamatory implication that defendant used beating or violence as a means of training the dog because the broadcast did convey that implication.

“We acknowledge that Channel 15 presents a reasonable view of the broadcast that does not imply that Allison used beating or violence as a training method with Chance. However, we are convinced that is not the only reasonable view, and that the broadcast is fairly and reasonably capable of conveying the defamatory implication Allison has alleged. Accordingly, if the trial court on remand grants Allison leave to file the third amended complaint, he is entitled to a trial on the issue of whether the broadcast conveys the implication that he used beating or violence as a training method with Chance.”

Affirmed in part, reversed in part and remanded.

Recommended for publication in the official reports.

Dist IV, Dane County, Albert, J., Vergeront, P.J.

Attorneys:

For Appellant: Angelina Mach, Madison, pro se; John L. Cates, Madison; Paul A. Kinne, Madison; Heath P. Straka, Madison

For Respondent: Robert J. Dreps, Madison