Horak v. Building Services Industrial Sales Co., 815 N.W.2d 400

Horak, as special administrator of Benzinger’s estate, sues BSIS for negligence and strict liability for Benzinger’s asbestos exposure and death.
Horak submitted 51 pages of BSIS invoices from Benzinger’s employer to prove exposure; BSIS produced 38,000 documents in discovery.
The circuit court granted summary judgment, finding the invoices insufficient to prove causation; on appeal, this court reversed and remanded for admission of the invoices.
After remand, BSIS moved to exclude the invoices as inadmissible hearsay; the circuit court ruled the invoices were hearsay and not within ancient-documents or business-records exceptions.
The parties stipulated the admissibility ruling as dispositive; the circuit court dismissed with prejudice and Horak sought reconsideration.
On review, the court held the invoices are admissible under the ancient-documents exception, reversing and remanding with directions to admit the invoices at trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Are the invoices admissible under the ancient-documents exception?	Horak contends they qualify as ancient documents.	BSIS argues they do not meet location/authentication requirements.	Yes; invoices admissible under ancient-documents exception.
Did the circuit court misapply authentication and the location requirement for ancient documents?	Horak asserts the location and condition support authenticity.	BSIS asserts insufficient foundation to establish authenticity/location.	Yes; circuit court erred; admission proper on remand.

State v. Joyner, 258 Wis. 2d 249 (Wis. Ct. App. 2002) (hearsay and admissibility standards under Wis. Stat.)
Merco Distrib. Corp. v. O & R Engines, Inc., 239 N.W.2d 97 (Wis. 1976) (attorney possession as indicative of authenticity in evidentiary context)
Charolais Breeding Ranches, Ltd. v. FPC Sec. Corp., 279 N.W.2d 493 (Wis. 1979) (unrefuted facts deemed admitted for record review purposes)