2007AP1262 Schauer v. Diocese of Green Bay, et al.

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Torts
Statute of limitations; equitable estoppel

This is our second opinion in this case involving David Schauer's claims against the defendants, including the Diocese of Green Bay (collectively, the Diocese). In our first opinion, we concluded the statute of limitations on Schauer's claims ran out in 2001, two years before he filed this suit. See Schauer v. Diocese of Green Bay, 2004 WI App 180, ¶¶7, 26, 276 Wis. 2d 141, 687 N.W.2d 766 (Schauer I). However, we remanded the case for a circuit court determination on whether the Diocese was equitably estopped from asserting the statute. On remand, the circuit court, after submitting certain factual disputes to a jury, concluded the Diocese was not equitably estopped from asserting the statute and dismissed Schauer's claims.

In this appeal, Schauer alleges several circuit court errors in the proceedings following remand. He argues the court erred in limiting discovery and the evidence presented to the jury and should have submitted different questions to the jury. He also argues the judge should have recused himself. Finally, he argues we should revisit our holding on one of the issues in Schauer I in light of cases decided after that opinion was released. We reject Schauer's arguments and affirm the order. Not recommended for publication in the official reports.

2007AP1262 Schauer v. Diocese of Green Bay, et al.

Dist III, Brown County, Warpinski, J., Peterson, J.

Attorneys: For Appellant: Whetter, Daniel D., Green Bay; Anderson, Jeffrey R., St. Paul, MN; For Respondent: Brennan, Patrick W., Milwaukee; Fronczak, Debora A., Milwaukee

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