(DOWNLOAD) "Mertz v. Waldoch" by State of Wisconsin in Court of Appeals District IV * Book PDF Kindle ePub Free
eBook details
- Title: Mertz v. Waldoch
- Author : State of Wisconsin in Court of Appeals District IV
- Release Date : January 27, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
1 Charlene and Barry Mertz appeal a judgment dismissing their complaint against Barbara and Duane Waldoch. The Waldochs cross-appeal. The Mertzes alleged a cause of action for intentional infliction of emotional distress. The trial court denied the Waldochs motion to dismiss for failure to adequately state that claim. However, the trial court dismissed the complaint upon concluding that the doctrine of claim preclusion barred the action. On appeal the Mertzes challenge that ruling. The Waldochs cross-appeal the courts ruling that the complaint adequately stated a claim for intentional infliction of emotional distress. We conclude that the doctrine of claim preclusion does not bar this action. We also conclude that the complaint adequately pleads the Mertzes claim. We therefore reverse and remand.