2010AP1252 American Family Mutual Ins. Co., et al. v. Goodman Manufacturing Company, et al.

By: WISCONSIN LAW JOURNAL STAFF//March 1, 2011//

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Civil Procedure
Spoliation; sanctions

At issue in this appeal is whether the trial court erroneously dismissed Goodman Manufacturing Company (Goodman) from a subrogated claim brought by American Family Mutual Insurance Company (American Family) as a sanction against Donovan & Jorgenson, Inc. (Donovan) for the spoliation of evidence. Because we conclude that the trial court did not make a finding of egregious conduct against Donovan, it did not have the authority to impose dismissal as a sanction. We reverse and remand. Not recommended for publication in the official reports.

2010AP1252 American Family Mutual Ins. Co., et al. v. Goodman Manufacturing Company, et al.

Dist I, Milwaukee County, Moroney, J., Kessler, J.

Attorneys: For Appellant: Miller, Patrick C., Milwaukee; For Respondent: Bohl, Charles H., Milwaukee; Snyder, C. Paul, Milwaukee

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