Legal Opinion
Racine County v. Oracular Milwaukee, Inc.
Court of Appeals of Wisconsin
Decided April 8, 2009No. 2007AP2861PublishedCited by 8 opinions
1Opinion of the Court
ANDERSON, EJ.
¶ 1. Racine County appeals from the circuit court's decision that its contract with Oracular Milwaukee, Inc., was a contract for "professional services"; to recover, the County had to prove professional negligence; and expert testimony was required "as a matter of law." We reverse, because Oracular does not possess the indicia of a "professional"; the contract between the parties was a simple contract for "services"; and expert testimony is not required when a party's conduct is within the realm of the ordinary experience of the average juror.
Background
¶ 2. In November 2003,…
2Cases cited22 opinions
- In re Accounting of Lincoln Rochester Trust Co.New York Court of Appeals · 1974
- Weiss v. United Fire & Casualty Co.Wisconsin Supreme Court · 1995
- Lambrecht v. Estate of KaczmarczykWisconsin Supreme Court · 2001
- Chase Scientific Research, Inc. v. Nia Group, Inc.New York Court of Appeals · 2001
- Cramer v. Theda Clark Memorial HospitalWisconsin Supreme Court · 1969
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3Cited by8 opinions
- Racine County v. Oracular Milwaukee, Inc.Wisconsin Supreme Court · 2010
- Superior Edge, Inc. v. Monsanto Co.District Court, D. Minnesota · 2014
- Ferris & Salter, P.C. v. Thomson Reuters Corp.District Court, E.D. Michigan · 2011
- Ferris & Salter, P.C. v. Thomson Reuters Corp.District Court, D. Minnesota · 2012
- Ronald J. Dakter v. Dale L. CavallinoWisconsin Supreme Court · 2015
3 more not listed; retrieve them via the Exa API.