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BUCHANAN v. GENERAL CAS. CO.

No. 93-3133.

191 Wis.2d 1 (1995)

528 N.W.2d 457

Delores BUCHANAN, and James Buchanan, Plaintiffs-Respondents, v. GENERAL CASUALTY COMPANY, Defendant, REGENT INSURANCE COMPANY, Defendant-Respondent, The ECONOMY COMPANIES, Economy Fire & Casualty Company, Economy Preferred Insurance Company, Economy Premier Assurance Company, Kemper Corporation, Defendants-Respondents-Cross Appellants, David A. BERNDT, Defendant, Mary NELSON, and Steven Nelson, Defendants-Respondents, HMO OF WISCONSIN INSURANCE CORPORATION, Defendant-Appellant-Cross Respondent, APWU HEALTH PLAN, American Postal Worker's Union, AFL-CIO, U.S. Office of Personnel Management, and Doe's 1 through 15, Defendants-Co-Appellants-Cross-Respondents.

Court of Appeals of Wisconsin.

Decided January 5, 1995.

Attorney(s) appearing for the Case

For the defendant-appellant-cross respondent the cause was submitted on the briefs of Kristen Korte-Evens of O'Donnell Law Office of Greendale.

For the defendants-co-appellants-cross respondents the cause was submitted on the briefs of Audrey Skwierawski of O'Donnell, Schwartz & Anderson, P.C. of Washington, D.C.

For the defendants-respondents-cross appellants the cause was submitted on the briefs of Robert D. Johns, Jr. of Johns & Flaherty, S.C. of La Crosse.

For the Wisconsin Physicians Service Insurance Corporation an amicus curiae brief was submitted by Terry J. Booth of Fellows, Piper & Schmidt of Milwaukee.

Before Eich, C.J., Gartzke, P.J., and Dykman, J.

DYKMAN, J.

HMO of Wisconsin Insurance Corporation and APWU Health Plan appeal from a judgment dismissing their subrogation claims for their failure to appear at a scheduled court date and to prosecute their claims. HMO and APWU contend the trial court erroneously exercised its discretion by dismissing their subrogation claims because they had already notified the trial court that they would not be appearing in court that day. We conclude that the trial court

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