FOSS v. TOWN OF KRONENWETTER

Nos. 77-577, 77-578.

87 Wis.2d 91 (1978)

273 N.W.2d 801

FOSS, Plaintiff-Appellant, v. TOWN OF KRONENWETTER, Defendant-Respondent and Third-Party Plaintiff: MUTUAL SERVICE CASUALTY INSURANCE COMPANY, and others, Defendants-Respondents: WISCONSIN VALLEY TRUST COMPANY, Personal Representative of the Estate of John P. Norship, Third-Party Defendants-Respondents. ESTATE OF NORSHIP, by Wisconsin Valley Trust Company, Personal Representative, Plaintiff-Appellant, v. GEORGE BABL, INC., and another, Defendants-Respondents: TOWN OF KRONENWETTER, Defendant-Respondent and Third-Party Plaintiff: MUTUAL SERVICE CASUALTY INSURANCE COMPANY, Third-Party Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided December 1, 1978.


Attorney(s) appearing for the Case

For the appellant there were briefs by Bachhuber Law Office and Timken, Lonsdorf & Mallery, S.C. and oral arguments by F. E. Bachhuber, Jr. and James P. Lonsdorf, of Wausau. [Case No. 77-577.]

For the respondents Town of Kronenwetter and Mutual Service Casualty Insurance Company there was a brief by Tinkham, Smith, Bliss, Patterson, Richards & Hessert and oral argument by George A. Richards, of Wausau. [Case No. 77-577.]

For the respondents George Babl, Inc. and Sentry Insurance there was a brief by Terwilliger, Wakeen, Piehler, Conway & Klingberg, S.C. and oral argument by Walter H. Piehler, of Wausau. [Case No. 77-577.]

For the appellant there were briefs by Stevens & Drach and oral arguments by John W. Stevens, of Wausau.

For the respondents, Town of Kronenwetter and Mutual Service Casualty Insurance Company there was a brief by Tinkham, Smith, Bliss, Patterson, Richards & Hessert and oral argument by George A. Richards, of Wausau.

Before Dean, P.J., Donlin and Foley, JJ.


DONLIN, J.

Plaintiffs Donna Foss (Foss) and the Estate of John Norship (Norship) appeal from orders entered by the circuit court for Marathon county, setting aside the jury verdict and granting defendants George Babl, Inc. (Babl) and Sentry Insurance (Sentry) a directed verdict and granting the defendants Town of Kronenwetter (Town) and Mutual Service Casualty Insurance (Mutual) a new trial on liability. The Town and Mutual...

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