Abuse of Discretion Sanctions.

Byline: Derek Hawkins

WI Court of Appeals District IV

Case Name: Tyler A. Mueller, et al., v. Bull's Eye Sport Shop, LLC, et al.,

Case No.: 2020AP978

Officials: Fitzpatrick, P.J., Blanchard, and Graham, JJ.

Focus: Abuse of Discretion Sanctions

Tyler Mueller was injured while hunting when a gun he was holding discharged. The gun was owned by Tyler's brother, Jordan Mueller. Tyler brought this lawsuit against Bull's Eye Sports Shop, the business that assembled the gun and sold it to Jordan, based on Bull's Eye's alleged negligence. Bull's Eye brought a third-party claim against Jordan, and Tyler later brought a claim against Jordan, both alleging that Jordan's negligence caused Tyler's injuries.

Jordan was immediately aware of the incident in which Tyler was injured and later became aware of potential litigation regarding the gun and Tyler's injuries. Nevertheless, after becoming aware of potential litigation, Jordan had the gun materially altered, and a part of the gun is still missing. Both Tyler and Bull's Eye brought motions in the circuit court asking that Jordan be sanctioned for his spoliation of the gun evidence. Prior to the circuit court ruling on those motions, Tyler and Jordan entered into a Pierringer release, and Jordan was dismissed from this action based on the terms of that release. The circuit court found that Jordan intentionally spoliated evidence regarding the gun. As a sanction for those intentional acts of Jordan, the circuit court ordered that, at the trial in this case, the jury will receive an instruction from the court stating that the jury may draw an adverse inference against Jordan regarding that spoliated evidence.

Bull's Eye appeals and makes two primary arguments. First, Bull's Eye contends that the circuit court erred in deciding which sanction to impose against Jordan for...