2009AP828 Tews v. NHI, LLC

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Civil Procedure
Relation-back doctrine

Where two entities share offices have the same registered agent and the same attorney, a complaint against one relates back to an earlier complaint filed against the other. “An examination of these pleadings reveals the following undisputed facts: The timing of the incident is undisputed, the location of the incident is undisputed, and that Tews actually suffered injuries as a result of contact with an ‘electrical part’ is undisputed. Likewise, it is undisputed that WEPCo has offices at the same location as Wisconsin Energy, WEPCo has the same registered agent as Wisconsin Energy, and WEPCo has retained the services of same attorney who represented We Energies and Wisconsin Energy from the outset of the case.”
“These undisputed facts raise competing reasonable inferences. One of the reasonable inferences is that the requirements of the relation-back statute are satisfied, and that Tews’ second amended complaint is therefore not barred by the statute of limitations.”
“Although WEPCo made various factual assertions in its affidavit, nothing set forth in its affidavit resolves in WEPCo’s favor the competing inferences raised by the undisputed facts in the pleadings. We therefore conclude that WEPCo is not entitled to summary judgment.”

Reversed.

2009AP828 Tews v. NHI, LLC

Bradley, J.

Attorneys: For Appellant: Krek, Raymond E., Jefferson; For Respondent: Feldbruegge, John E., Milwaukee; Noyes, Kelly J., Milwaukee

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