Soletski v. Krueger Int'l, Inc.

2019 WI App 7, 924 N.W.2d 207, 385 Wis. 2d 787
CourtCourt of Appeals of Wisconsin
DecidedJanuary 15, 2019
DocketAppeal No. 2017AP2063
StatusPublished
Cited by6 cases

This text of 2019 WI App 7 (Soletski v. Krueger Int'l, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Soletski v. Krueger Int'l, Inc., 2019 WI App 7, 924 N.W.2d 207, 385 Wis. 2d 787 (Wis. Ct. App. 2019).

Opinion

SEIDL, J.

*793¶1 John Soletski appeals a grant of summary judgment in favor of Krueger International, Inc., and its insurers, Federal Insurance Company and National Union *210Fire Insurance Company of Pittsburgh, PA.1 In this appeal relating to his personal injury action, Soletski contends the circuit court erred by determining that: (1) his safe-place claim was barred by the builder's statute of repose; (2) his common-law negligence and negligent entrustment claims were barred by the general rule that a principal employer is not liable in tort for injuries sustained by an independent contractor's employee while that employee is performing the contracted work; and *794(3) Krueger's claims for taxable costs were not forfeited despite the fact that the judgment was not perfected within thirty days of its entry.

¶2 We conclude the statutory exposure period set forth in the builder's statute of repose had expired by the time Soletski was injured by a structural defect, and no exception to the statute of repose applies. Therefore, Soletski's safe-place claim is barred. We also determine that Soletski's negligence claims are barred by the independent contractor rule as set forth in Wagner v. Continental Casualty Co. , 143 Wis.2d 379, 421 N.W.2d 835 (1988). Finally, we conclude that when a party timely files a proposed bill of costs within the thirty-day time limit set forth by WIS. STAT. § 806.06(4) (2015-16),2 that party's right to recover costs is not forfeited simply because the circuit court does not resolve an objection to the bill of costs within thirty days. Accordingly, we affirm.

BACKGROUND

¶3 Krueger owns and operates a furniture production facility in Green Bay that was built in 1972. In 2012, Krueger hired Spectrum Maintenance Services, LLC (Spectrum), a professional cleaning company, to clean its facility.

¶4 On September 9, 2012, two of Spectrum's employees, Soletski and Clifford Couillard, were cleaning the facility's ceiling. To do so, Soletski and Couillard were positioned on the platform of a scissor lift. Krueger owned this particular lift, but it allowed Spectrum to use the lift in exchange for a credit on Krueger's final bill. Couillard operated the lift by *795raising it so that he and Soletski could clean an approximately ten-foot area of the ceiling. After they were done with this area, Couillard lowered the platform, moved the lift forward, and the two repeated their cleaning process. At some point, Couillard unknowingly moved the lift onto an unmarked ramp and then raised the platform. As a result of the platform being raised on top of an incline, the lift overturned and Soletski suffered serious injuries.

¶5 Soletski subsequently made a successful worker's compensation claim against Spectrum. He also sued Krueger, asserting claims of common-law negligence, negligent entrustment, and violation of Wisconsin's safe-place statute, WIS. STAT. § 101.11. Soletski claimed, in relevant part, that the ramp where the accident occurred was unsafe due to a lack of both warning markings and guardrails, and that Krueger had failed to properly warn, train and supervise Spectrum employees on the use of the scissor lift.

¶6 Krueger moved for summary judgment, arguing that Wisconsin's builder's statute of repose, WIS. STAT. § 893.89, barred all of Soletski's claims relating to *211structural defects at Krueger's facility. Further, Krueger argued that Soletski's remaining claims were barred by Wagner . The circuit court agreed with Krueger and granted its summary judgment motion.

¶7 On September 6, 2017, the circuit court entered its judgment and dismissed Soletski's action "with prejudice and statutory costs." Krueger filed proposed bills of costs within thirty days of this entry of judgment.3 Soletski then filed objections, and the circuit court clerk attempted to schedule a hearing on *796the disputed costs. However, by the time the clerk contacted Soletski to schedule a hearing, thirty days had passed since the entry of judgment. Consequently, Soletski argued that a hearing was unnecessary because Krueger had forfeited its rights to recover costs by failing to timely perfect the judgment under WIS. STAT. § 806.06(4).

¶8 The circuit court rejected Soletski's argument, and held a hearing on the disputed costs on November 17, 2017, nearly three months after the judgment was entered. The court concluded that Krueger had timely filed its proposed costs within thirty days of entry of judgment, as required by WIS. STAT. § 806.06(4), and therefore awarded Krueger its requested costs. Soletski now appeals.

DISCUSSION

¶9 We review a grant of summary judgment independently, applying the same methodology as the circuit court. Mair v. Trollhaugen Ski Resort , 2006 WI 61, ¶ 14, 291 Wis.2d 132, 715 N.W.2d 598. Summary judgment is appropriate if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. WIS. STAT. § 802.08(2). The purpose of summary judgment is to avoid trials when there is nothing to try. Tews v. NHI, LLC , 2010 WI 137, ¶ 42, 330 Wis.2d 389, 793 N.W.2d 860. In reviewing the parties' submissions, we draw all reasonable factual inferences in the light most favorable to the nonmoving party.

*797Pum v. Wisconsin Physicians Serv. Ins. Corp. , 2007 WI App 10, ¶ 6, 298 Wis.2d 497, 727 N.W.2d 346. Whether an inference is reasonable and whether more than one inference may be drawn are questions of law. Id.

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Cite This Page — Counsel Stack

Bluebook (online)
2019 WI App 7, 924 N.W.2d 207, 385 Wis. 2d 787, Counsel Stack Legal Research, https://law.counselstack.com/opinion/soletski-v-krueger-intl-inc-wisctapp-2019.