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MEWS v. BEASTER

No. 04-1147.

279 Wis.2d 507 (2005)

2005 WI App 53

694 N.W.2d 476

Ashley E. MEWS, Diane E. Mews, as Guardian in fact for Jesse D. Mews and Diane E. Mews, Plaintiffs-Respondents, v. Derek J. BEASTER and American Family Mutual Insurance Company, Defendants-Appellants, OPEN HEARTH HOMES and State Farm Insurance Company, Defendants.

Court of Appeals of Wisconsin.

Decided February 16, 2005.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Wayne M. Yankala and Hillary M. Kowalski of Mingo & Yankala, S.C., of Milwaukee.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Thomas C. Simon of Gatzke & Ruppelt, S.C., of New Berlin.

Before Brown, Nettesheim and Snyder, JJ.

¶ 1. BROWN, J.

The issue in this case arises from pretrial settlement offers made by the defendants to each of three plaintiffs. WISCONSIN STAT. § 807.01(1) (2003-04)1 allows a defendant to serve a written offer of judgment on a plaintiff, which offer the plaintiff must accept within ten days. If the plaintiff does not accept the offer and fails to recover a more favorable judgment...

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