 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Spangberg v. Talis9/5/2001
APPEAL from a judgment of the circuit court for Marathon County: PATRICK BRADY, Judge. Affirmed.
. Chris Spangberg appeals a summary judgment dismissing his legal malpractice action against attorney John Talis, his insurer and his law firm. Spangberg's complaint alleged that Talis negligently allowed the statute of limitations to expire on two claims Spangberg wanted to commence against his employer, Community Health Care, Inc. The trial court correctly concluded that Spangberg suffered no damage as a result of the alleged malpractice because he would not have prevailed in the underlying actions. Therefore, we affirm the summary judgment dismissing the malpractice action.
. Spangberg worked for Community Health Care, Inc., as executive director of the Visiting Nurse Association. Several of his subordinates complained to management about Spangberg's volatile outbursts, loud screaming, lack of respect and attempts to humiliate employees. Spangberg did not deny any of the accusations and admitted to behavior that he was "not proud of." Spangberg apparently associates his behavioral problems with his medical condition, renal failure.
. On March 10, 1997, Spangberg was placed on a sixty-day paid administrative leave because of his abusive and disruptive behavior. His employer asked that he use that time to develop a plan to improve his performance and address his behavior problems. He was also asked to obtain a statement from his physician detailing any work limitations or job accommodations that would be necessary upon his return from leave. During this administrative leave, Spangberg's doctor indicated that Spangberg would commence dialysis treatments as of April 29, 1997, and this constituted a full medical disability. In May 1997, Spangberg requested sick/disability leave and his employer granted that request for a one year leave commencing April 29.
. On July 23, 1997, his employer informed Spangberg that his position as executive director would be filled by another person. Spangberg remained on total disability until May 1998 when he was released by his doctor to work on a parttime basis. On June 29, 1998, when Spangberg was allowed to resume fulltime work, he was given another position at 67% of his previous salary. Spangberg contends that Talis negligently failed to file employment discrimination complaints within 300 days of the March 10 administrative leave and the July 23 notification that Spangberg's position would be filled.
. Summary judgment is appropriate when there is no issue of material fact and the moving party is entitled to judgment as a matter of law. See Wis. Stat. ยง 802.08(2). Summary judgment should be granted when it is "perfectly plain that there is no substantial issue to be tried." See Kafka v. Polk, 194 Wis. 2d 234, 240, 533 N.W.2d 491 (1995). When expert testimony is required to prove a claim, the trial court should grant summary judgment if the plaintiff presents no expert testimony to support the claim. See Kinnick v. Schierl, 197 Wis. 2d 855, 862, 541 N.W.2d 803 (Ct. App. 1995).
. The measure of damages in a legal malpractice action is the monetary loss caused by the attorney's negligence. See Lewandowski v. Continental Cas. Co., 88 Wis. 2d 271, 277-78, 276 N.W.2d 284 (1979). Spangberg's claim against Talis for failing to timely challenge the March 10, 1997, administrative leave fails because Spangberg could not have recovered any damages from his employer. The sixty-day administrative leave undisputedly resulted from Spangberg's inappropriate behavior. The fact that Spangberg's behavior problems may have been precipitated by a disability does not constitute discrimination. See Palmer v. Circuit Court,
Page 1 2 3 Wisconsin Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|