GARCHEK v. NORTON CO.

No. 353.

67 Wis.2d 125 (1975)

226 N. W. 2d 432

GARCHEK and another, Plaintiffs and Respondents, v. NORTON COMPANY and another, Defendants and Respondents: GORTON and others, Defendants and Appellants.

Supreme Court of Wisconsin.

Decided March 4, 1975.


Attorney(s) appearing for the Case

All defendants answered; and the defendants, Norton Company and Thor Power Tool Company, filed cross complaints against the appellants. After issue was joined, the appellants moved for summary judgment and dismissal of the plaintiffs' complaint. From the order denying their motion the appellants have appealed.

For the appellants the cause was submitted on the brief of C. James Heft and Heft, Coates, Heft, Henzl & Bichler, all of Racine; and for the respondents there was a joint brief by Foley & Capwell, S. C. of Racine for the plaintiffs-respondents and Schoone, McManus & Hanson, S. C. of Racine for the defendant-respondent.


Submitted under sec. (Rule) 251.54 February 5, 1975.

CONNOR T. HANSEN, J.

The issue before this court is whether the trial court erred in failing to grant appellants summary judgment in that the exclusive remedy provision of the Workmen's Compensation Act, sec. 102.03 (2), Stats., bars this action against the appellants because of their status as corporate officers.1

Appellants...

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