Harmann v. Schulke

SUNDBY, J.

(dissenting). For the reasons stated in my dissent in C.L. v. Olson, 140 Wis. 2d 224, 241-47, 409 N.W.2d 156, 163-165 (Ct. App. 1987) aff’d, 143 Wis. 2d 701, 422 N.W.2d 614 (1988), I dissent from that part of the majority opinion which holds that we may not consider Harmann’s affidavits in determining whether the defendants are entitled to judgment as a matter of law. Our summary judgment methodology is contrary to sec. 802.08(2), Stats., and is a regression to specification pleading.