SUPREME
COURT OF WISCONSIN
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Case
No.: 94-1991 |
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Complete
Title of
Case: |
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Jane
DeRuyter, Jason DeRuyter and Travis
DeRuyter, by Donald J. Jacquart, their
Guardian Ad Litem and the Estate of
Glenn R. DeRuyter, by Eric E. Eberhardt,
Special Administrator of the Estate
of Glenn R. DeRuyter, Plaintiffs‑Respondents‑Co‑Petitioner, v.
Wisconsin
Electric Power Company, Defendant‑Appellant, Great
West Casualty Company, Inc., Defendant‑Respondent‑Petitioner,
American
Standard Insurance Company and
Michael T. Schmaling, Defendants‑Respondents, Employers
Insurance of Wausau, A Mutual Company,
Defendant. ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑
Great
West Casualty Company, Inc., JJ Transport, Inc.,
Power Transport, Inc., and Cedarland Trucking,
Inc., Plaintiffs‑Respondents‑Co‑
Petitioners, v. Wisconsin
Electric Power Company, Defendant‑Appellant, American
Standard Insurance Company of Wisconsin
and Michael T. Schmaling, Defendants‑Respondents. |
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ON REVIEW OF A DECISION
OF THE COURT OF APPEALS Reported at: 200 Wis. 2d 349, 546 N.W.2d 534 (Ct. App. 1996) PUBLISHED |
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Opinion
Filed: June 20, 1997 Submitted
on Briefs: Oral
Argument: March 5, 1997 |
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Source
of APPEAL COURT: Circuit COUNTY: Milwaukee JUDGE: John E. McCormick |
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JUSTICES: Concurred: Dissented: Not Participating: Crooks, J., did not participate. |
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ATTORNEYS: For the
defendant/plaintiff-respondent-petitioner/co-petitioner, Great West Casualty
Company, Inc., there were briefs by Douglas J. Carroll, and O'Neill,
Schimmel, Quirk & Carroll, S.C., Milwaukee. For the
plaintiffs-respondents-co-petitioners there were briefs by David P. Lowe,
Donald J. Jacquart and Jacquart & Lowe, S.C., Milwaukee and Michael
P. Crooks and Peterson, Johnson & Murray, S.C., Madison and
oral argument by David P. Lowe and Michael P. Crooks. For the
defendant-appellant there was a brief by Jeffrey Morris and Quarles
& Brady, Milwaukee and oral argument by Jeffrey Morris. Amicus curiae brief was
filed by Michael H. Gillick and Murphy, Gillick, Wicht &
Prachthauser, Milwaukee for the Wisconsin Academy of Trial Lawyers. Amicus
curiae brief was filed by Patrick K. Stevens, Werner E. Scherr, Jeffrey S.
Meyer, Michael A. Greene, Jerome D. Okarma and Edwina A. Wilson for
Manufacturers & Commerce, Milwaukee Transport Servcies, Inc.,
Harnischfeger Industries, Inc., Johnson Controls, Inc., Wisconsin Bell, Inc.,
and General Electric Medical Systems. |
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NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. |
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STATE OF WISCONSIN : |
IN SUPREME COURT |
Jane DeRuyter, Jason DeRuyter and Travis DeRuyter, by Donald J. Jacquart, their Guardian Ad Litem and the Estate of Glenn R. DeRuyter, by Eric E. Eberhardt, Special Administrator of the Estate of Glenn R. DeRuyter, Plaintiffs-Respondents-Co-Petitioner, v. Wisconsin Electric Power Company, Defendant-Appellant, Great West Casualty Company, Inc., Defendant-Respondent-Petitioner, American Standard Insurance Company and Michael T. Schmaling, Defendants-Respondents, Employers Insurance of Wausau, A Mutual Company, Defendant.
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FILED JUN
20, 1997 Marilyn
L. Graves Clerk
of Supreme Court Madison,
WI |
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Great West Casualty Company, Inc., JJ Transport, Inc., Power Transport, Inc., and Cedarland Trucking, Inc., Plaintiffs-Respondents-Co- Petitioners, v. Wisconsin Electric Power Company, Defendant-Appellant, American Standard Insurance Company of Wisconsin and Michael T. Schmaling, Defendants-Respondents. |
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REVIEW of a published decision of the Court of Appeals[1] reversing the decision of the Circuit Court for Milwaukee County, John E. McCormick, Judge. Affirmed.
¶1 PER CURIAM. This court is equally divided on whether to affirm or reverse the decision of the court of appeals. Justice Donald W. Steinmetz, Justice Jon P. Wilcox, and Justice Ann Walsh Bradley would affirm; Chief Justice Shirley S. Abrahamson, Justice William A. Bablitch, and Justice Janine P. Geske would reverse. Justice N. Patrick Crooks did not participate.
¶2 Accordingly, the decision of the court of appeals is affirmed.