KELLNER v. CHRISTIAN

No. 93-1657.

188 Wis.2d 525 (1994)

525 N.W.2d 286

Jason E. KELLNER, Gary Kellner, and Marilyn Mae Carraway, Plaintiffs-Appellants, v. Richard CHRISTIAN, Beth Cox, and Karen Stoll, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided October 27, 1994.


Attorney(s) appearing for the Case

For the plaintiffs-appellant the cause was submitted on the briefs of D.J. Weis of Johnson, Weis, Paulson & Priebe, S.C. of Rhinelander.

For the defendant-respondent the cause was submitted on the brief of James E. Doyle, attorney general, and John J. Glinski, assistant attorney general.

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


DYKMAN, J.

Jason E. Kellner and his parents, Gary Kellner and Marilyn Mae Carraway, appeal from a judgment granting the State's motion for judgment on the pleadings because their notices of claim were defective. We conclude that the notices filed by Jason and his parents, Gary and Marilyn, were insufficient because they were not sworn to by the claimants as required by § 893.82(5), STATS.1 We therefore affirm.

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