In Nelson v. Loessin (2018AP002448), the Court allowed involuntary plaintiff’s to remove themselves from the case because they were not currently bringing any claims against the defendant.  

Facts

The Nelsons, Rosenthals, and Eastons were all travelling in a single van when it was hit in a vehicle that was driven by Loessin, who allegedly was driving while intoxicated. Everyone in the van suffered injuries from the incident. After completing the treatment for their injuries, the Nelsons sued Loessin and Allstate for compensatory and punitive damages. Soon after, Loessin and Allstate filed a third-party complaint naming the Rosenthals and Eastons as defendants, a title which the circuit court later changed to “unwilling plaintiff.” The Rosenthals and Eastons filed a motion to dismiss, claiming they were improperly joined as they were still undergoing treatment and were not bringing any claim against Loessin at the time. The circuit court denied their motion, finding that they were properly joined, and it was the most economical use of the court’s time to try all three cases at the same time.

Decision

On appeal, Loessin argued that three different statutes allow for the joining of the Rosenthals and Eastons: Wis. Stat. §§ 803.03, 803.04, and 803.07. The Court looked at each statute and found that none of the three allowed for the proper joining of the Rosenthals and Eastons. At the core of most of the discussion was the fact that neither family was in the process of bringing a claim, and so third party joinder was improper. The Court remanded for the dismissal of the third-party complaint.