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VINCER v. ESTHER WMS. ALL-ALUM. S. POOL CO.

No. 454.

69 Wis.2d 326 (1975)

230 N.W.2d 794

VINCER, by Guardian ad litem, and others, Appellants, v. ESTHER WILLIAMS ALL-ALUMINUM SWIMMING POOL COMPANY and others, Respondents.

Supreme Court of Wisconsin.

Decided June 30, 1975.

Attorney(s) appearing for the Case

For the appellants there were briefs by Habush, Gillick, Habush, Davis & Murphy, attorneys, and Howard A. Davis and Jean Seaburg of counsel, all of Milwaukee, and oral argument by Howard A. Davis.

For the respondents Esther Williams All-Aluminum Swimming Pool Company and Insurance Company of North America there was a brief by Borgelt, Powell, Peterson & Frauen, attorneys, and Thomas H. Knoll of counsel, all of Milwaukee, and oral argument by Mr. Knoll; for the respondents Banner Builders, Inc., and Employers Mutual Casualty Company there was a joint brief by Kasdorf, Henderson, Dall, Lewis & Swietlik and S. Raymond Spitz, attorneys, and Kenton E. Kilmer and S. Raymond Spitz of counsel, all of Milwaukee, and oral argument by Mr. Kilmer.

CONNOR T. HANSEN, J.

The sole issue on this appeal is whether the complaint states a cause of action against the Esther Williams All-Aluminum Swimming Pool Company and the Banner Builders, Inc., and their insurers. We conclude that it does not. Therefore, we affirm the trial court in its decision sustaining the demurrer.

In Dippel v. Sciano,1 this court adopted sec. 402A of Restatement, 2 Torts 2d,

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