Breach of Contract for Medical Care

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WI Court of Appeals – District I

Case Name: Lloyd N. Johnson v. Thomas Harding

Case No.: 2022AP001537

Officials: White, C.J., Donald, P.J., and Geenen, J.

Focus: Breach of Contract for Medical Care

Johnson appeals an order dismissing his breach of contract claim against Drs. Thomas Harding and David Macherey, Remedios Azcueta, the Milwaukee County Mental Health Complex (“MHC”), Milwaukee County Department of Health and Human Services (“DHHS”), and Milwaukee County. Johnson alleged that the Milwaukee County Mental Health Division Voluntary Application and Treatment Agreement with MHC was an enforceable contract for medical care that was breached by the Defendants after the parties has already settled Johnson’s remaining negligence claim for $50,000. The circuit court concluded that the Agreement was too indefinite to be an enforceable contract and that Johnson’s breach of contract claim was duplicative of his negligence claims. The circuit court granted the Defendants’ motion for judgment on the pleadings as to Johnson’s breach of contract claim. The appeals court concludes that the Agreement is too indefinite and uncertain to form an enforceable contract, and Johnson did not state a valid claim for breach of contract.

Affirmed.

Decided 10/17/23

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