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CONNAR v. WEST SHORE EQUIPMENT

No. 308.

68 Wis.2d 42 (1975)

227 N. W. 2d 660

CONNAR, Plaintiff and Respondent, v. WEST SHORE EQUIPMENT of MILWAUKEE, INC., Defendant and Respondent: MELROE COMPANY, Defendant and Appellant.

Supreme Court of Wisconsin.

Decided April 10, 1975.

Attorney(s) appearing for the Case

For the appellant there was a brief by James P. Brennan and Simarski, Goodrich, Brennan & Stack, all of Milwaukee, and oral argument by James P. Brennan.

For the plaintiff-respondent there was a brief and oral argument by Richard J. Steinberg of Milwaukee.

HEFFERNAN, J.

The question presented on appeal is whether it was error to exclude from the special verdict a question relating to the negligence of the employer, when the employer was not a party to the negligence action and could not be liable by reason of the exclusivity of the workmen's compensation remedy.

The trial judge erred in failing to grant the request of the two party-defendants to include the question of the employer's negligence in the proposed...

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