Berna-Mork v. Jones

This case presents a question as to trial practice. Specifically, if a case is tried to the court, may the court base its decision upon the affidavits submitted in support of a motion for summary judgment which it has denied. We conclude that it may not. We therefore reverse the judgment.

Jennifer Berna-Mork and her husband Jay Mork (the Morks) appeal from a January 15, 1991 judgment and order entered after a trial to the court dismissing their claims against Milwaukee Guardian Insurance, Inc. Jennifer received injuries on August 6,1986, as a passenger in a vehicle driven by Jane Jones, when…