James Ronald Gaddis v. La Crosse Products

ANN WALSH BRADLEY, J. James Gaddis requests review of a decision of the court of appeals reversing an order of the Circuit Court for La Crosse County, Peter G. Pappas, Judge, which denied La Crosse Products, Inc.'s motion for judgment on the pleadings. The issue presented is whether Gaddis' failure to sign a summons that was served with a signed complaint constitutes a fundamental defect depriving the circuit court of personal jurisdiction over La Crosse Products. Because we conclude that an unsigned summons served with a signed complaint constitutes only a technical defect and that there is no prejudice in this case, we reverse the decision of the court of appeals. The procedural facts giving rise to this case are undisputed. Gaddis commenced a personal injury action pro se against La Crosse Products. He filed a signed complaint, but attached it to an Illinois summons form which he had altered to include the relevant Wisconsin information. Instead of personally signing the summons as required by Wis. Stat. § 801.09(3) (1993-94), 1 Gaddis obtained the signature of the deputy clerk of courts, which the Illinois form required. Gaddis' typewritten name and address also appeared on the summons.