PAYTES v. KOST

No. 91-1556.

167 Wis.2d 387 (1992)

482 N.W.2d 130

Ceonia PAYTES, Plaintiff, v. Gerald A. KOST, Defendant, NATIONAL SURETY CORPORATION, Third-Party Plaintiff-Respondent, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Third-Party Defendant-Appellant. Jeanette McMILLIAN, Jake McMillian and Travelers Plan Administrators, Plaintiffs, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Ceonia Paytes, Gerald A. Kost and Bulk Commodities Transport, Inc., Defendants, NATIONAL SURETY CORPORATION, Defendant-Respondent, NATIONWIDE MUTUAL INSURANCE COMPANY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided February 26, 1992.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant and thirdparty defendant-appellant, the cause was submitted on the briefs of Eric J. Van Vugt of Quarles & Brady of Milwaukee.

On behalf of the defendant-respondent and thirdparty plaintiff-respondent, the cause was submitted on the briefs of Jeffrey A. Schmeckpeper and Patti J. Kurth of Kasdorf, Lewis & Swietlik, S.C. of Milwaukee.

Before Brown, Anderson and Snyder, JJ.


BROWN, J.

Nationwide Mutual Insurance Company appeals a discovery sanction assigning Nationwide primary coverage for all lawsuits arising from an auto accident. Because the statute permitting discovery sanctions limits such sanctions to the case at hand, we conclude that a discovery sanction cannot extend to liability for damages in a case subsequently consolidated with the case in which the sanction was ordered.

Ceonia Paytes and Jeanette McMillian brought...

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