from an order of the circuit court for Milwaukee County No.
2015CV4024: GLENN H. YAMAHIRO, Judge. Affirmed.
Brennan, P.J., Kessler and Dugan, JJ.
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.
Hart argues that the full release of claims she signed is
inadmissible evidence because WIS. STAT. § 904.12(1)
(2015-16),  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.
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.
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.
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
(Some capitalization and formatting altered.)
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 ...