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LANGRECK v. WISCONSIN LAWYERS MUT. INS. CO.

No. 98-2024.

226 Wis.2d 520 (1999)

594 N.W.2d 818

David LANGRECK, Plaintiff-Appellant, v. WISCONSIN LAWYERS MUTUAL INSURANCE COMPANY, and Estate of John D. Day, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided April 29, 1999.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Matthew A. Biegert and Brian H. Sande of Doar, Drill & Skow, S.C. of New Richmond.

On behalf of the defendants-respondent, the cause was submitted on the brief of Roy S. Wilcox of Wilcox, Wilcox, Enright, Hallstein, McMahon & Adler, LLC of Eau Claire.

Before Dykman, P.J., Vergeront and Deininger, JJ.

DYKMAN, P.J.

David Langreck appeals from a judgment in which his recovery in a legal malpractice action was reduced because he failed to mitigate his damages in an earlier foreclosure action. The issue is whether it is reasonable to require a mortgagor to mitigate his damages by contesting a foreclosure action, contrary to the advice of his attorney. We conclude that it is not. Accordingly, we reverse and remand with directions that the court enter judgment for the...

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