NEWS

Wild Truffle owner: Too sick for court

Alison Dirr
USA TODAY NETWORK-Wisconsin
Wild Truffle closed in March 2015 in Grand Chute and is now at the center of a owner/landlord dispute.

APPLETON - The owner of the now-closed Wild Truffle restaurant didn't appear for the first day of a two-day civil trial Tuesday, citing an undisclosed medical condition.

Marc Waltzer's absence prompted Outagamie County Judge Mitch Metropulos to conditionally award the owner of the building that had been rented to the Wild Truffle more than $60,000 in costs, including unpaid or underpaid rent and repair costs. Metropulos gave Waltzer two weeks to provide additional information regarding why he couldn't appear in court and said he would be willing to reconsider his ruling.

"At this time, given the fact that the matter had been scheduled for a long period of time, apparently Mr. Waltzer was living in Florida at least on a part-time basis and without any further information for the court to determine what his medical status is, it would appear at this point that Mr. Waltzer is avoiding appearing here today," Metropulos said.

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Waltzer's lawyer, Steven Frassetto, had requested in writing that the trial not begin Tuesday.

He said at the hearing that he had received a letter on Friday afternoon from a physician's assistant in Florida indicating that Waltzer was being treated for a medical condition and that he was unable to travel for at least seven days. His client's absence made it hard to defend the matter on Tuesday, Frassetto said.

Frassetto also said when Waltzer closed his other restaurant, Parma, last fall, it was because he required treatment for a medical condition that he did not disclose to his attorney.

Frassetto told USA TODAY NETWORK-Wisconsin after the hearing that Waltzer has been trying to maintain privacy regarding his medical condition.

Amber C. Coisman, attorney for building owner Best West LLC, argued against Frassetto's request and asked that the judge rule in her client's favor given Waltzer's absence.

"With all due respect to attorney Frassetto, I just think this contention that the defendant has a medical condition is really just a ruse," she said. "The medical note that is attached to Mr. Frassetto's affidavit doesn't identify what medical condition Mr. Waltzer is in fact suffering from, how long he's suffered from this medical condition. This note comes from a P.A. from a walk-in clinic. The person indicates that they saw Mr. Waltzer that day, last Friday, not that he's been under the care of this person for several months or for at least several weeks."

She also expressed concerns that the longer the trial is pushed off the more opportunity Waltzer would have to get rid of any assets the plaintiffs could collect upon. She told Metropulos that it is her understanding that Waltzer has very few assets left in Wisconsin, one of which is his home, which she said is for sale.

"Attorney Frassetto has also indicated to me that Mr. Waltzer has implied or even indicated that he is considering filing for personal bankruptcy, so again, the more time that Mr. Waltzer is allowed to not appear and to not have to defend against my client's suit, just allows him to try to shed any assets that we could potentially collect upon," she said.

Best West LLC's lawsuit alleges that Waltzer damaged the property at 5120 W. Michaels Drive in Grand Chute and owes back rent. It's a building he shared with Manderfield's Home Bakery.

Waltzer's counter-claim alleged that the plaintiffs violated the terms of the lease by allowing "non-customer criminals" to loiter in the parking lot and prevented Waltzer from restoring the premises to the same condition as before the lease.

Coisman said Tuesday's conditional ruling also dismisses Waltzer's counter-claims.

She said after the hearing that her clients are pleased with Tuesday's ruling.

Alison Dirr: 920-996-7266 or adirr@gannett.com; on Twitter @AlisonDirr

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