Court Error – Notice of Claim

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WI Court of Appeals – District III

Case Name: Ludmyla Carlborg, et al., v. Mount View Care Center

Case No.: 2020AP1898

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

Focus: Court Error – Notice of Claim  

Ludmyla Carlborg and her husband, Kenneth, pro se, appeal an order that dismissed with prejudice their claims against Mount View Care Center. We conclude the circuit court properly dismissed the Carlborgs’ claims based on their undisputed failure to comply with the notice of claim statute, WIS. STAT. § 893.80(1d) (2019-20). We reject the Carlborgs’ assertion that, under § 893.80(1m), they were exempt from compliance with the requirements set forth in the notice of claim statute because their complaint sought to recover damages for medical malpractice.

We conclude, however, that aside from the Carlborgs’ claim for punitive damages, which was properly dismissed with prejudice, the Carlborgs’ remaining claims should have been dismissed without prejudice. We therefore modify the order dismissing the Carlborgs’ claims to reflect that their claim for punitive damages is dismissed with prejudice, but their remaining claims are dismissed without prejudice. We affirm the order as modified.

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Derek A Hawkins is Corporate Counsel, at Salesforce.