Insurance – Negligence

By: Derek Hawkins//June 14, 2016//

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WI Court of Appeals – District III

Case Name: Andrew Hiser et al v. West Bend Mutual Insurance Company

Case No.: 2015AP1329

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Insurance – Negligence

Andrew Hiser and Secura Insurance (collectively “Hiser”) appeal a summary judgment dismissing their negligence action against Robert and Janis Beatty; their business, Miracle on Main, LLC; and their insurer, West Bend Mutual Insurance Company, (collectively “the Beattys”). Hiser argues: (1) the circuit court improperly applied safe place statute principles to his common law negligence action, specifically the requirement that the plaintiff must show the defendant’s actual or constructive notice of a defective condition; (2) issues of material fact preclude summary judgment; and (3) Hiser was not required to support his claim with expert testimony. Because we agree with each of Hiser’s arguments, we reverse the judgment and remand the cause for further proceedings

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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.

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