By: Derek Hawkins//May 18, 2016//
WI Supreme Court
Case Name: Cheryl M. Sorenson v. Richard A Batchelder et al
Case No.: 2014AP1213
Focus: Personal Service
Personal service did not comply with Section 893.82(5), dismissal of claim proper
“Therefore, we enforce literal compliance with the plain language of Wis. Stat. § 893.82(5) unless such enforcement would lead to an absurd result. Hines v. Resnick, 2011 WI App 163, ¶16, 338 Wis. 2d 190, 807 N.W.2d 687. It necessarily follows that, in order to strictly comply as § 893.82(2m) requires, a claimant must literally follow the words of the statute. This requires a claimant to serve notice of claim on the attorney general by certified mail pursuant to the plain language of § 893.82(5). Kelly v. Reyes, 168 Wis. 2d 743, 747, 484 N.W.2d 388 (Ct. App. 1992) (holding that service by regular mail did not strictly comply with the certified mail requirement even though the attorney general received actual notice). Sorenson’s choice of personal service is simply not service by certified mail. Consequently, we conclude that Sorenson did not strictly comply with § 893.82(5).
Affirmed
Dissenting: ABRAHAMSON, BRADLEY