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BINSFELD v. CONRAD

No. 03-1077.

272 Wis. 2d 341 (2004)

2004 WI App 77

679 N.W.2d 851

Donald R. Binsfeld and Cynthia M. Binsfeld, Plaintiffs-Appellants, Regent Insurance Company, Involuntary-Plaintiff-Co-Appellant, v. Donald S. Conrad and ABC Insurance Company, Defendants-Respondents, John P. Mortensen, Anthony F. Mortensen, d/b/a Mortensen Properties, and JKL Insurance Company, Defendants.

Court of Appeals of Wisconsin.

Decided March 23, 2004.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of George Burnett and Liebmann, Conway, Olejniczak & Jerry, S.C., of Green Bay.

On behalf of the defendant-respondent Donald Conrad, the cause was submitted on the brief of Sandra L. Hupfer, Christina L. Peterson, and Stellpflug, Janssen, Hammer, Kirschling & Bartels, S.C., of DePere.

Before Cane, C.J., Hoover, P.J., and Peterson, J.

¶ 1. HOOVER, P.J.

Donald Binsfeld appeals a summary judgment concluding that Donald Conrad was not liable under Wisconsin's safe place statute, WIS. STAT. § 101.11,1 for Binsfeld's work-related injuries. Binsfeld also appeals the circuit court's denial of a motion for default judgment, arguing that Conrad did not show excusable neglect sufficient to justify filing his answer four...

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