2009AP2712 McGillis-Lewandowski, et al. v. Kilps, et al.

By: WISCONSIN LAW JOURNAL STAFF//October 13, 2010//

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Torts
Negligence; causation

Lisa McGillis-Lewandowski appeals from a judgment dismissing the negligence case she filed against her landlord, Timothy Kilps. The trial court precluded certain testimony as hearsay and then granted the defendants’ motion for dismissal at the close of McGillis-Lewandowski’s case on grounds that she had not met her burden of proof as to negligence or causation. Rather than addressing the hearsay ruling, McGillis-Lewandowski argues that the barred testimony was admissible under “the dead man’s statute,” Wis. Stat. § 885.16 (2007-08). By ignoring the basis on which the trial court ruled, she effectively has conceded the point. We affirm. This opinion will not be published.

2009AP2712 McGillis-Lewandowski, et al. v. Kilps, et al.

Dist II, Walworth County, Race, J., Per Curiam

Attorneys: For Appellant: Chaparas, George E., Milwaukee; For Respondent: Steinle, W. Timothy, Milwaukee

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