Legal Opinion
Wick v. Waterman
Court of Appeals of Wisconsin
Decided February 25, 1988No. 87-1232PublishedCited by 3 opinions
1Opinion of the CourtGartzke, P.J.
Wilbert Wick is the personal representative of the estate of Henry Wick. He appeals from a judgment dismissing his complaint against Dale Waterman. Waterman died during the litigation. The trial court dismissed the complaint because Wilbert Wick failed to serve notice of substitution for Waterman within 90 days of the suggestion of his death on the record. Sec. 803.10(l)(a), Stats.
The dispositive issue is whether under sec. 803.10(l)(a), Stats., a suggestion of death of a party which fails to identify a proper substitute party triggers the running of the 90-day period to move to substitute.…
2Cases cited9 opinions
- Denis Rende v. Alfred S. KayCourt of Appeals for the D.C. Circuit · 1969
- Yonofsky v. WernickDistrict Court, S.D. New York · 1973
- Farmers Insurance Gr. v. District Court of SEC. JDSupreme Court of Colorado · 1973
- Al-Jundi v. RockefellerDistrict Court, W.D. New York · 1980
- Wheeler v. General Tire & Rubber Co.Court of Appeals of Wisconsin · 1987
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Man Ngok Tam v. Hoi Hong K. LukCourt of Appeals of Wisconsin · 1990
- Schwister v. SchoeneckerWisconsin Supreme Court · 2002
- Federal Insurance v. RonanMassachusetts Supreme Judicial Court · 1990