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Where is all the promised promiscuity?
The Wisconsin director for some organization called the National Federation of Independent Business recently said that Wisconsin has one of the most "promiscuous" tort systems in the country. Inasmuch as I've always been a really big fan of promiscuous behavior, I figured I should check this out.
2010AP577 Broome v. State of Wisconsin Department of Corrections
Torts Governmental immunity A claim that a probation agent negligently supervised a probationer was properly dismissed. “[T]hese allegations cannot be reasonably construed to allege that, in allowing Weisenberger to frequent his sister’s residence or failing to take other measures to protect Broome, Thao violated a duty imposed by law that meets the criteria for a […]
2010AP28 Correa v. Leavitt
Torts Damages; past medical expenses Unless the presumption in Rule 908.03(6m)(bm) has been rebutted, medical bills are sufficient to prove past damages. “Although it is clear that the document from Milwaukee Neurological Institute, SC, is, under Hart’s analysis, a ‘patient health care record[],’ and that the “Medicaid Claims” documents are not, we cannot on thi[...]
2010AP762 Kleemann, et al. v. Emerson, et al.
Torts Recreational immunity Mark E. Kleemann appeals from a summary judgment decision that dismissed his negligence action against Scott Emerson and Emerson’s insurer for injuries Kleemann suffered when a hockey puck shot by Emerson hit Kleemann in the face. Kleemann challenges the trial court’s determination that the recreational immunity statute applied and its refusal to […]
2010AP200 American Family Mutual Insurance Company, et al. v. Nordgulen
Torts Comparative negligence Keith A. Nordgulen appeals from a judgment entered following a bench trial at which the circuit court determined that he was sixty-five percent negligent and that John L. Digaudio was thirty-five percent negligent in a motor vehicle accident. The circuit court ordered judgment in favor of Digaudio’s insurer, American Family Mutual Insurance […]
2009AP2597 Loper v. Dr. Ashok Kumar, et al.
Torts Medical malpractice In this medical malpractice action, Floyd Loper appeals from an order denying his motion to withdraw admissions and granting summary judgment to Ashok Kumar, M.D., and the Injured Patients and Families Compensation Fund (“the Fund”). Seeing no error, we affirm. This opinion will not be published. 2009AP2597 Loper v. Dr. Ashok Kumar, […]
09-C-1156 Kaloti Wholesale, Inc., v. U.S.
Torts FTCA Where federal agents seized infant formula that then spoiled and lost its value, the owner has a claim under the Federal Tort Claims Act. “In the present case, I cannot say that plaintiff fails to plausibly allege that its claim is not within the CAFRA exception to the detention of goods exception. Plaintiff […]
08-CV-693 Mirbeau of Geneva Lake, LLC, v. City of Lake Geneva
Torts Tortious interference with contract; statute of limitations The statute of limitations for tortious interference with contract is two years under sec. 893.57. “The jurisprudence of the Wisconsin Supreme Court casts doubts on the legal efficacy of the interpretation of § 893.57 made by the plaintiff, and assumed to be true by the court, in […]
2010AP522 Ulrich v. Cercueils Alliance St. Laurent Inc., et al.
Torts Emotional distress Crystal Ulrich appeals from a summary judgment decision that dismissed her multiclaim lawsuit against a funeral home, a casket manufacturer, a casket distributor and their insurers. The sole question on appeal is whether a person can recover damages for emotional distress suffered after witnessing a spouse’s casket fall to the ground when […]
2008AP3138 Miller v. Valley Orthopaedics Ltd., et al.
Torts Medical malpractice; informed consent Dr. Mark Wikenheiser, the Medical Protective Company, and the Wisconsin Patient Compensation Fund (Wikenheiser) appeal an order granting Michael and Michelle Miller’s post-trial motions. Wikenheiser argues the trial court erred by (1) finding there was no credible evidence to support the jury’s determination that Wikenheiser provided sufficie[...]
2009AP2712 McGillis-Lewandowski, et al. v. Kilps, et al.
Torts Negligence; causation Lisa McGillis-Lewandowski appeals from a judgment dismissing the negligence case she filed against her landlord, Timothy Kilps. The trial court precluded certain testimony as hearsay and then granted the defendants’ motion for dismissal at the close of McGillis-Lewandowski’s case on grounds that she had not met her burden of proof as to […]
2009AP2297 Bronfeld v. Pember Companies, Inc.
Torts Governmental immunity; subcontractors A subcontractor working on a government project is entitled to immunity where it conformed to the approved specifications. “Here, the City of River Falls dictated which traffic control devices Pember was required to use and where these devices needed to be placed. It also decided Pember did not need to construct […]
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