Wisconsin Supreme Court Clarifies Oath Requirement For Claims Against State Employees

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In a case that arose out of an automobile accident involving a State of Wisconsin employee, the Wisconsin Supreme Court has clarified the requirements for filing a “Notice of Claim” against a state employee. The state employee was driving a state-owned vehicle when he lost control, causing the car to spin off the road and roll over. One passenger in the vehicle died as a result of the accident, while other passengers sustained injuries. The estate of the deceased passenger and the injured passengers filed a “Notice of Claim” against the state employee, a legal requirement prior to filing a lawsuit. After the lawsuit was filed, a trial court dismissed the claim, because the “Notice of Claim” did not contain a statement from a notary public that the claimants made an oath when preparing the notice. On appeal, the Supreme Court reversed the trial court, holding that, while the “Notice of Claim” statute does require an oath, it does not require a statement from a notary that an oath was made. Nevertheless, the Court instructed future claimants to include a statement from a notary that an oath occurred. Read the entire Supreme Court Opinion.

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