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SECURA INS. CO. v. PUBLIC SERVICE CORP.

No. 89-0542-FT.

156 Wis.2d 730 (1990)

457 N.W.2d 549

SECURA INSURANCE COMPANY, Plaintiff, v. WISCONSIN PUBLIC SERVICE CORPORATION, Defendant. James KVATEK and Carol Kvatek, Plaintiffs, v. WISCONSIN PUBLIC SERVICE CORPORATION, Defendant-Third Party Plaintiff-Respondent, v. Daniel KOWALSKI, d/b/a Kowalski Heating & Cooling Center, and West Bend Mutual Insurance Company, a Wisconsin insurance corporation, Third Party Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided May 17, 1990.

Attorney(s) appearing for the Case

For the third-party defendants-appellant the cause was submitted on the briefs of Russell T. Golla of Anderson, Shannon, O'Brien, Rice & Bertz of Stevens Point.

For the plaintiff-respondent the cause was submitted on the brief of Mark S. Henkel of Terwilliger, Wakeen, Piehler & Conway, S.C. of Stevens Point.

Before Gartzke, P.J., Dykman and Sundby, JJ.

SUNDBY, J.

In this appeal, we decide that naming an expert witness pursuant to a scheduling order without retaining the witness does not prevent another party from employing the witness. We further hold that the trial court may disqualify an expert witness if it is shown that retention of the witness creates a conflict of interest. Because no conflict of interest was shown, the trial court abused its discretion when it disqualified C. Frederick Quest as an expert...

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