Tews v. NHI, LLC
2010 WI 137
Wis.2010Background
- Tews injured December 30, 2004 at a NASCO substation and sued after December 2007.
- Original complaint named We Energies; amended complaint named Wisconsin Energy Corporation (d/b/a We Energies).
- Second amended complaint filed October 29, 2008 named WEPCo (Wisconsin Electric Power Co.) after the statute of limitations had run.
- We Energies, Wisconsin Energy, and WEPCo share the same address and registered agent; counsel was the same across entities.
- Circuit court allowed the second amendment but reserved ruling on relation back; WEPCo moved for summary judgment on statute of limitations.
- Court of Appeals held WEPCo’s time-bar did not defeat relation back; Wisconsin Supreme Court granted review to clarify relation-back standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the second amended complaint relates back under Wis. Stat. § 802.09(3). | Tews asserts relation back due to same transaction and notice. | WEPCo asserts no notice/prejudice and no mistake about identity. | Yes; issues of fact exist; relation back applies. |
| Whether WEPCo’s motion was properly treated as summary judgment and supported by affidavits. | Affidavits not required to oppose initial pleadings; pleadings alone can suffice. | Motion was for summary judgment; needs affidavits to oppose. | Yes; affidavits not strictly required to support opposition; pleadings can raise issues. |
| Whether undisputed facts show notice to WEPCo within limitations period and lack prejudice. | Undisputed facts imply notice and lack prejudice given shared office, agent, and counsel. | Notice/prejudice cannot be inferred without proper affidavits. | There are genuine issues of material fact precluding summary judgment. |
| What is the proper balance of the relation-back doctrine with respect to corporate relationships? | Krupski guidance controls; relation-back depends on identity mistake, not plaintiff knowledge. |
Key Cases Cited
- Korkow v. Gen. Cas. Co. of Wis., 117 Wis. 2d 187 (1984) (relation back balancing notice and repose under Wisconsin law.)
- Krupski v. Costa Crociere, 130 S. Ct. 2485 (2010) (Supreme Court imputed notice to added party; relation back depends on added party's knowledge of mistake.)
- Green Spring Farms v. Kersten, 136 Wis. 2d 304 (1987) (established summary judgment methodology in Wisconsin.)
- State v. One 1973 Cadillac, 95 Wis. 2d 641 (1980) (discussed pleading and relation-back concepts within Wisconsin rules.)