Wisconsin Supreme Court decision could affect future claims against state workers
In its first decision of 2013, the Wisconsin Supreme Courtissued a ruling that may have an impact on future lawsuits against state employees. The verdict – handed down on January 3 – settled a case centered on the role of witness testimony in a negligence claim against a state official.
Under Wisconsin law, individuals who wish to pursue a legal claim against anyone acting as an agent or representative of the state must first file a notice with the attorney general’s office. In Estate of Hopgood vs. Boyd, Wisconsin’s top judicial authority clarified some aspects of this process.
Specifically, the court ruled that any notice of a claim against state workers must include a statement from a notary asserting that he or she administered an oath to the witnesses. This act locks in their stories and exposes them to perjury charges if any of their statements are discovered to be false.
The case arose after an accident in which Jimmy Boyd operated a state-owned vehicle on Highway 142 in Paris, Wisconsin. Boyd lost control of the vehicle and it veered off the road, killing Danny Hopgood and injuring four other individuals.
Hopgood’s estate and the other petitioners sent the required notice to the attorney general and moved forward with a complaint against Boyd, who filed a motion requesting that the case be dismissed. He argued that the petitioners had violated state law by not properly “swearing to” the notices that were sent to the attorney general’s office.
The Wisconsin Supreme Court’s ruling overturned lower courts’ decisions to uphold the statements contained in the notices. However, the court clarified standards for evaluating comparable situations in the future.
This case underscores the importance of understanding all the details of witness testimony. Wisconsin court reporters can provide attorneys with transcription and video deposition services. With an accurate record of witnesses’ statements, litigants better identify opportunities to advance their claims.
