MILW. CONSTRUCTORS v. MILW. MET. SEWER. DIST.

No. 92-0002.

177 Wis.2d 523 (1993)

502 N.W.2d 881

MILWAUKEE CONSTRUCTORS II, a joint venture consisting of Harrison Western Corporation, a Colorado corporation, and Hunzinger Construction Company, a Wisconsin corporation, Plaintiff-Appellant-Cross Respondent, v. MILWAUKEE METROPOLITAN SEWERAGE DISTRICT, a municipal body corporate, Defendant-Respondent-Cross Appellant, CH2M HILL CENTRAL, INC., an Oregon corporation, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided June 2, 1993.


Attorney(s) appearing for the Case

For the plaintiff-appellant-cross respondent the cause was submitted on the brief of William H. Alverson, Michael B. Apfeld and Jane C. Schlicht of Godfrey & Kahn, S.C., of Milwaukee, and by Francis X. McCullough, of counsel, of Watt, Tieder, Killian & Hoffar, of McLean, Virginia. There was oral argument by Michael B. Apfeld and Francis X. McCullough.

For the defendant-respondent the cause was submitted on the brief of Robert J. Smith and Hugh N. Anderson of Wickwire Gavin, P.C., of Madison. There was oral argument by Brian W. Mullins of Wickwire Gavin, P.C.

For the defendant-respondent-cross appellant the cause was submitted on the brief of Michael J. McCabe and James H. Petersen of Milwaukee Metropolitan Sewerage District, of Milwaukee, and by Neal J. Sweeney and Randall F. Hafer of Smith, Currie & Hancock of Atlanta, Georgia. There was oral argument by Randall F. Hafer.

Before Wedemeyer, P.J., Sullivan and Schudson, JJ.


WEDEMEYER, P.J.

Milwaukee Constructors II (MCII) appeals from a final judgment dismissing its cause of action against Milwaukee Metropolitan Sewerage District (MMSD) and CH2M Hill Central, Inc. (CH2M Hill). The trial court dismissed the case based on its conclusion that MCII had intentionally destroyed numerous documents that deprived MMSD and CH2M Hill of relevant information essential to their defense. MCII asserts that the trial court erroneously exercised its...

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