In Suhs v. Proassurance Casualty Co. (2019AP1062), the Court of Appeals District III dismissed a medical negligence case because the plaintiff failed to provide sufficient evidence of damages caused by a surgeon’s alleged negligence. Plaintiff Suhs went to the emergency room with severe back pain that was diagnosed as a nervous condition requiring surgery. The […]
Sierra v. Boston (Negligent Training & Supervision)
Date Thu, Jun. 25, 2020 - 4:59pm By Hamilton
In Sierra v. Boston (2019AP94), the Court of Appeals District II dismissed the plaintiff’s claims of negligent training and supervision. Plaintiff Sierra took a friend to defendant Boston’s dental clinic for a procedure. After the procedure, Sierra asked for narcotics for her friend and a confrontation ensured when staff denied her request. Boston called the […]
Milwaukee Block 10 Properties, LLC v. City of Milwaukee (Property Tax Assessment)
Date Thu, Jun. 25, 2020 - 4:58pm By Hamilton
In Milwaukee Block 10 Properties, LLC v. City of Milwaukee (2019AP1424), the Court of Appeals District I upheld the property tax assessment for the Aloft Hotel in Milwaukee. Milwaukee Block 10 Properties filed this lawsuit challenging its 2016 property tax assessment for the Aloft Hotel and seeking a refund of around $200,000. Block 10 argued […]
Uneeda Rest, LLC v. Hexum (Insurance Coverage)
Date Thu, Jun. 25, 2020 - 4:54pm By Hamilton
In Uneeda Rest, LLC v. Hexum (2019AP1357), the Court of Appeals District III held there was no initial grant of coverage because the property damage did not constitute an “occurrence” under the insurance policy at issue. Jake Westerhof is a member of Uneeda Rest, which owns property adjacent to Rick Hexum. When Westerhof hired contractors […]
Leg Council Memo on Worker’s Compensation & COVID-19
Date Thu, Jun. 18, 2020 - 11:15am By Hamilton
Wisconsin Legislative Council recently released an issue paper overviewing employer liability for employees diagnosed with COVID-19 after returning to work. The paper explains that Wisconsin’s Worker’s Compensation Act provides that employee injuries sustained from an illness or infection are coverable by Worker’s Compensation, but employees must prove they became ill in the course of their […]
Supreme Court Accepts Voter Registration Case, Other New Cases
Date Mon, Jun. 1, 2020 - 2:03pm By Hamilton
The Wisconsin Supreme Court has accepted the petition for review in Zignego v. Wisconsin Elections Commission, the case surrounding the Wisconsin Elections Commission’s decision not to deactivate the registrations of Wisconsin voters who had recently moved. Background Wis. Stat. § 6.50(3) provides that, if a municipal clerk or “board of election commissioners” receives information […]
Wisconsin Courts COVID-19 Task Force Releases Final Report
Date Mon, Jun. 1, 2020 - 12:43pm By Hamilton
In late April, amid the ongoing COVID-19 pandemic, Wisconsin Supreme Court Chief Justice Patience Roggensack convened a statewide taskforce to address COVID-19 in the Wisconsin courts system. On May 15, that task force released its final report making recommendations for courts to safely restart in-person proceedings and jury trials. Generally, the report recommends counties establish […]
Emer’s Camper Corral, LLC v. Alderman (Negligent Procurement)
Date Mon, Jun. 1, 2020 - 12:37pm By Hamilton
In Emer’s Camper Corral, LLC v. Alderman (2020 WI 46), the Supreme Court held 6-1 that plaintiffs claiming negligent procurement by an insurance agent must establish that the desired policy was both commercially available and that the insured would have qualified for it. Decision After Camper Corral, a business that sells campers, had twice previously filed […]
Correa v. Woodman’s Food Market (Safe Place Statute)
Date Mon, Jun. 1, 2020 - 12:32pm By Hamilton
In Correa v. Woodman’s Food Market (2020 WI 43), a 6-0 Wisconsin Supreme Court held that plaintiffs in safe place statute cases need not prove the exact moment an unsafe condition existed, as long as they can prove the condition existed for long enough for the defendant to have had constructive notice. In this case, […]
Curtiss v. Ellery (Personal Injury)
Date Mon, Jun. 1, 2020 - 12:29pm By Hamilton
In Curtiss v. Ellery (2019AP1088), the Court of Appeals District IV found that the defendant did not establish there were no issues of material fact, so the plaintiff’s negligence claim could proceed. Plaintiff Curtiss was injured on a bus driven by Ellery and filed this lawsuit claiming negligence. Ellery moved for summary judgement arguing that […]