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SCHLOMER v. PERINA

No. 90-0952.

173 Wis.2d 889 (1991)

Lyle SCHOLMER, a minor, by C.M. Bye, his guardian ad litem, Plaintiff-Respondent-Cross-Appellant, v. Robert I. PERINA and Northwestern National Insurance Company, Defendants-Appellants-Cross-Respondents.

Court of Appeals of Wisconsin.

Decided June 11, 1991.

Attorney(s) appearing for the Case

On behalf of defendants-appellants-cross-respondents, the cause was submitted on the briefs of Virginia L. Newcomb of Bell, Metzner, Gierhart & Moore, S.C. of Madison.

On behalf of plaintiff-respondent-cross-appellant, the cause was submitted on the briefs of Arnold P. Anderson of Capwell, Berthelsen, Nolden, Casanova, Pitts & Kallenbach, Ltd. of Racine.

Before Cane, P.J., LaRocque and Myse, JJ.

LAROCQUE, J.

Attorney Robert I. Perina and his insurer, Northwestern National Insurance Company, appeal a judgment entered upon a legal malpractice verdict in favor of Perina's former client, Lyle Schlomer, d.o.b. 11/5/75. Lyle, through the efforts of another attorney, settled his underlying personal injury claim against a farm machinery manufacturer and its insurer. Lyle then pursued this malpractice action on the theory that Perina's three years of unjustified inactivity...

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