Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hart v. Artisan and Truckers Casualty Co.

Court of Appeals of Wisconsin, District I

June 13, 2017

Antrice Hart, Plaintiff-Appellant,
v.
Artisan and Truckers Casualty Company and Esvin Gomez, Defendants-Respondents.

         APPEAL from an order of the circuit court for Milwaukee County No. 2015CV4024: GLENN H. YAMAHIRO, Judge. Affirmed.

          Before Brennan, P.J., Kessler and Dugan, JJ.

          BRENNAN, P.J.

         ¶1 Antrice Hart appeals from an order that granted summary judgment to Esvin Gomez and his insurer Artisan and Truckers Casualty Company (Artisan) and dismissed her complaint. This is a personal injury case that arises from a car accident Gomez caused on August 1, 2014, in which Hart was injured. The circuit court based its order on the full release of claims Hart signed on the day of the accident.

         ¶2 Hart argues that the full release of claims she signed is inadmissible evidence because WIS. STAT. § 904.12(1) (2015-16), [1] by its plain language, prohibits the admission of any "statement made or writing signed by the injured person within 72 hours of the time the injury happened[.]" We disagree and affirm.

         BACKGROUND

         ¶3 Gomez was driving on Fond du Lac Avenue at about 2:30 p.m. on August 1, 2014, and he rear-ended the car that was behind Hart's vehicle and pushed it into her vehicle. Hart was injured in the accident.

         ¶4 At approximately 3:00 p.m., Hart called Artisan to report the claim. At about 3:45 p.m., an Artisan representative called Hart. Hart told the representative she could not take the call at that moment due to a flat tire on her car and asked for a call later. At about 4:30 p.m., an Artisan representative, Ashley Shusta, spoke with Hart by phone. This conversation was recorded, and a transcript of the call was made part of the record. Shusta informed Hart that Hart could take her vehicle to Artisan's service center for repairs that same day, that Artisan could "set aside $1000 for the next fifteen days" to pay medical bills, and that Artisan could give Hart $500 for her pain and inconvenience. Shusta told Hart that she would need to "sign a release" and that a copy of the release would be ready for her at the service center when she came to drop off her car for repair.

         ¶5 On that day, the same day as the accident, Hart signed a release titled "Full Release of All Claims with Indemnity." It expressly stated that the nature and extent of injury was doubtful and disputed, that recovery from any injuries was uncertain and indefinite, that it was not entered into in reliance upon any doctor's diagnosis, and that Hart was relying wholly on her own judgment, belief and knowledge of the nature, extent, effect and duration of injuries. The release also stated in relevant part:

Antrice Hart, a single person, for and in consideration of the payment of Five Hundred and 00/100 Dollars ($500.00), the receipt and sufficiency of which is hereby acknowledged, does hereby for myself … release acquit and forever discharge Esvin Gomez and Artisan and Truckers Casualty Company … from any and all claims … which the undersigned now has/have or which may hereafter accrue on account of or in any way growing out of an accident which occurred on or about 08/01/2014, at or near Milwaukee, Wisconsin. In further consideration, the released parties agree to pay reasonable and necessary medical and/or dental expenses up to a maximum of One Thousand 00/100 Dollars ($1000.00) incurred by me within 15 days after the date of this release ….
The undersigned has read the foregoing release and fully understands it.

(Some capitalization and formatting altered.)

         ¶6 On May 13, 2015, Hart filed this action. Artisan filed a summary judgment motion. The circuit court granted summary judgment on the grounds that the release of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.