LISTER v. SURE-DRY BASEMENT SYSTEMS, INC.

No. 2007AP838.

758 N.W.2d 126 (2008)

2008 WI App 124

James LISTER, Plaintiff-Appellant, v. SURE DRY BASEMENT SYSTEMS, INC., Defendant-Respondent, Rural Mutual Insurance Company and West Bend Mutual Insurance Company, Intervening Defendants.

Court of Appeals of Wisconsin.

Opinion Filed June 10, 2008.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Daniel W. Stevens and Rudolph J. Kuss of Law Office of Daniel W. Stevens, of Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the brief of James J. Mathie, of Milwaukee.

Before WEDEMEYER, FINE and KESSLER, JJ.


¶ 1 KESSLER, J.

James Lister appeals from an order dismissing his complaint after Lister twice failed to appear for his deposition and then failed to provide a court-ordered physician's report as to his ability to travel to, and participate in, a deposition. We affirm.

BACKGROUND

¶ 2 James Lister filed a complaint on April 28, 2006, alleging that Sure-Dry Basement Systems, Inc. negligently repaired his basement, breached a contract for...

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