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Building owner liable for default
Even though a contractor negligently installed a new window in an office building, and the property owner had no notice of the defect, the owner also is responsible for a worker’s injuries that resulted from the negligence.
State discrimination claim barred
More than three years ago, the Wisconsin Court of Appeals held that an employee’s discrimination claim under the Wisconsin Fair Employment Act is not barred, even though federal courts have already rejected the same claim based on federal law.
2010AP1785 Aldrich v. LIRC
Wisconsin Court of Appeals CIVIL PUBLISHED Employment Discrimination; issue preclusion Where a discrimination claim filed with the EEOC was found untimely, the same claim filed with the ERD is also untimely. “Here, Aldrich was represented by counsel in the federal proceedings and could have sought review of the federal court decision. The question of law […]
Clearly erroneous standard of review applies
On May 11, the Wisconsin Court of Appeals held that the trial court’s ruling must be affirmed unless it is clearly erroneous.
2009AP3133 Rubedor v. Kopp
Torts Medical malpractice; informed consent Ty Rubedor appeals a judgment and order following a jury verdict finding in favor of Dr. Douglas Kopp on Rubedor’s claim that Dr. Kopp failed to adequately obtain his informed consent prior to performing a medical procedure on his heart. Rubedor contends that the circuit court erred in limiting the […]
2010AP890 Thelen v. Cremer
Property Misrepresentation; property condition report; economic loss doctrine Daniel and Suzanne Thelen entered into an agreement with the Thomas and Delores Cremer Revocable Trust for the purchase of commercial property. As part of that agreement, the Thelens received a condition report signed by Delores Cremer stating that, to the extent past remodeling had occurred, the […]
2010AP1486 Dane County v. Kelly M.
Civil Commitment Treatment; fifth standard Civil commitment is available under the fifth standard for individuals who have dual diagnoses — a diagnosis of mental illness and, in addition, a diagnosis of either drug dependency or developmental disability. “We agree with the County and the circuit court. Reading Wis. Stat. § 51.20(1)(a)1. together with the fifth […]
2010AP1255-CR State v. Benz
Criminal Procedure Speedy trial The State appeals from an order dismissing the criminal prosecution against Mary K. Benz due to the denial of Benz’s right to a speedy trial. The State argues it should not be faulted for the bulk of the delay and that, on balance, Benz was not prejudiced. We disagree with the […]
2010AP2321-CR State v. Resch
Motor Vehicles OWI; reasonable suspicion Allen L. Resch appeals from his third offense conviction of operating a motor vehicle while intoxicated in violation of Wis. Stat. §§ 346.63(1)(a) and 346.65(2)(am)3. Specifically, Resch appeals the trial court’s order denying his motion to suppress the initial stop and the imposition of field sobriety tests. The issues on […]
2010AP2704-FT 2671, LLC v. Plymouth Glass Co., LLC.
Property Bailments Plymouth Glass Co., LLC appeals from a small claims judgment. The circuit court entered a replevin judgment in favor of 2671 LLC after it found that Plymouth Glass failed to return a set of glass panels to 2671 LLC. When the glass panels could not be returned, the court granted 2671 LLC a […]
2010AP2061 Fond du Lac County v. Helen E.F.
Civil Commitment Alzheimer’s disease Alzheimer’s disease is not a qualifying mental condition for commitment pursuant to Chapter 51. “[T]he primary purpose of Wis. Stat. ch. 51 is to provide treatment and rehabilitation services for the individuals described in ch. 51’s legislative policy. Wis. Stat. § 51.001. Even if we were to assume, which we do […]
2010AP1188 State v. Richard
Sexually Violent Persons Discharge hearings A research paper contending that sex offenders are less likely to recommit as they get older is insufficient to entitle a sexually violent person to a discharge hearing. “Richard argues that Combs held that a new actuarial table by itself is enough to demonstrate that an offender is no longer […]
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