Wagner Dairy Farms, LLC v. Tri-County Dairy Supply, Inc., 824 N.W.2d 927 (Wisc. Ct. App. 2012)

(plaintiffs appeal dismissal of their damage claims for harm to their herd allegedly caused by milking equipment manufactured and installed by defendants; case had been dismissed as a sanction for spoliation of evidence and lower court also held claims failed on their merits; court affirmed dismissal based on spoliation of evidence; plaintiffs reconstructed allegedly defective milking parlor and discarded the original wiring; plaintiffs had tested equipment prior to reconstruction, but did not notify defendants until filing suit; court upheld dismissal for spoliation because plaintiffs knew the equipment would be the subject of litigation as they had already hired counsel and had experts test equipment prior to altering milking equipment but failed to provide defendants an opportunity to test; court also granted defendants’ motion for attorney fees because appeal of dismissal was frivolous in its entirety).