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BLAKELY v. WAUKESHA FOUNDRY CO.

No. 281.

65 Wis.2d 468 (1974)

222 N.W.2d 920

BLAKELY and others, partners under the firm name and style of THE BROASTER COMPANY, Plaintiffs and Respondents, v. WAUKESHA FOUNDRY COMPANY, INC., Defendant and Appellant: ILLINOIS CENTRAL INDUSTRIES, INC., Defendant: WILLIAM F. JOBBINS (a foreign corporation), Defendant and Third-Party Plaintiff and Respondent: KAISER ALUMINUM & CHEMICAL CORPORATION, Third-Party Defendant and Respondent.

Supreme Court of Wisconsin.

Decided October 31, 1974.

Attorney(s) appearing for the Case

For the appellant there were briefs by Gibbs, Roper & Fifield and oral argument by Richard S. Gibbs, all of Milwaukee.

For the plaintiffs-respondents there was a brief by Lowry, Hunter & Tikalsky, attorneys, and Donald J. Tikalsky of counsel, and oral argument by James R. Sommers, all of Waukesha.

DAY, J.

The first question is, was there sufficient evidence in the record of an agreement by Waukesha Foundry to furnish written reports by its expert, thus waiving any work product privilege, to support the court's order that such report be furnished? We conclude that there was such an agreement and a resultant waiver even though the expert is not going to be called as a witness.

Waukesha Foundry claims such report is subject to a "lawyer's work product...

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