Actual Notice

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Civil

Court of Appeals – District IV

Officials: Lundsten, Higginbotham and Blanchard, JJ.

Actual Notice

2014AP1934

Kay Messling v. Iowa-Grant School District

On appeal the District renews its alternative argument that it is entitled to summary judgment because the notice of claim requirements set forth in WIS. STAT. § 893.80(1d)(a) (2013-14) were not satisfied. The circuit court failed to address this threshold topic. We address this topic on appeal because the material facts on this topic are undisputed and the question whether the District had actual notice sufficient to satisfy § 893.80(1d)(a) is easily answered based on the evidence submitted by the parties on summary judgment. Thus, as explained below, we conclude that the District had reasonably prompt actual notice of the Messlings’ claims, and that the Messlings have carried their statutorily imposed burden of demonstrating that the District was not prejudiced by the fact that the Messlings failed to serve the District with written notice within 120 days of when the claim arose. Accordingly, we reverse summary judgment in favor of the District and remand with directions that the circuit court enter summary judgment in favor of the Messlings and determine damages consistent with this opinion.

Decision

Reversed and Remanded

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.