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LUPOVICI v. HUNZINGER CONST. CO.

No. 75-548.

79 Wis.2d 491 (1977)

255 N.W.2d 590

LUPOVICI, and another, Plaintiffs, v. HUNZINGER CONSTRUCTION COMPANY, Defendant Third-Party Plaintiff-Respondent: REISIG, Third-Party Defendant-Appellant: CONCRETE RESEARCH, INC., and others, Third-Party Defendants: CITY OF MILWAUKEE, Third-Party Defendant and Third-Party Plaintiff: DEBELAK BROS., INC., Third-Party Defendant.

Supreme Court of Wisconsin.

Decided July 1, 1977.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Gibbs, Roper, Loots & Williams of Milwaukee.

For the respondent the cause was submitted on the brief of Edmund W. Powell, Steven W. Celba and Borgelt, Powell, Peterson & Frauen, S. C. of Milwaukee.

ABRAHAMSON, J.

The issue is whether a supervisor was a co-employee of the injured plaintiff and liable for causal negligence as a third party under the Worker's Compensation Act. The trial court overruled a demurrer by third party defendant David Reisig (an employee of Debelak Brothers, Inc.) to the third party complaint of Hunzinger Construction Co. We reverse.

Plaintiff Aron Lupovici was injured, according to the allegations of his complaint against Hunzinger...

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