Mucek v. Nationwide Communications, Inc.

*455DYKMAN, J.

¶ 49. (dissenting). Once in awhile the conduct or character of a litigant so overshadows the merits of a case that the former becomes the reason the litigant cannot be successful at trial. Unfortunately, this is such a case.

¶ 50. The majority's analysis of this case, at its core, is this: Mucek satisfied the prejudice requirement of Wis. Stat. § 804.11(2)1 (1999-2000) by telling the trial court of NCI's egregious behavior during discovery. And even if Mucek did not prove prejudice, the trial court had discretion to deny NCI's motion to withdraw its admissions in order to control its…