TALLMADGE v. BOYLE

No. 2006AP1075.

730 N.W.2d 173 (2007)

2007 WI App 47

Walter David TALLMADGE, Plaintiff-Appellant, v. Gerald P. BOYLE and Great American Insurance Company, Defendants-Third-Party Plaintiffs-Respondents, Robert E. Sutton, Third-Party Defendant.

Court of Appeals of Wisconsin.

Opinion Filed February 21, 2007.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Nicholas C. Zales of Zales Law Office, of Milwaukee.

On behalf of the defendants-third-party-plaintiffs-respondents, the cause was submitted on the brief of Ross A. Anderson and Eric J. Meier of Whyte Hirschboeck Dudek S.C., of Milwaukee.

Before WEDEMEYER, P.J., FINE and KESSLER, JJ.


¶ 1 WEDEMEYER, P.J.

Walter David Tallmadge appeals from an order granting summary judgment to Gerald P. Boyle and his insurer, Great American Insurance Company. Tallmadge claims the trial court erred in dismissing his legal malpractice suit against Boyle. Tallmadge raises two claims: (1) the trial court erred in ruling that there was insufficient evidence to create a genuine issue of fact regarding the element of "actual innocence"; and (2) another exception...

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