By: WISCONSIN LAW JOURNAL STAFF//November 30, 2011//
By: WISCONSIN LAW JOURNAL STAFF//November 30, 2011//
Wisconsin Court of Appeals
Civil Opinion
Civil Procedure – expert witnesses – harshness of dismissal
The denial of an extension of time to name experts effectively dismissed the plaintiffs’ case. The circuit court found that their lawyer’s conduct was egregious, and it was. What the court failed to do, however, despite an express request, was to determine if the plaintiffs shared any of the fault so as to merit the harshness of dismissal. We therefore reverse and remand for findings as to the blameworthiness, if any, of the plaintiffs.
This opinion will not be published.
2011AP444 Muenchow v. Schmidt, et al.
Dist II, Green Lake County, McMonigal, J., Per Curiam
Attorneys: For Appellant: Stevens, Daniel W., Brookfield; For Respondent: Mesirow, Michael A., Milwaukee; Woehl, Dustin, Milwaukee