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BERTLER v. EMPLOYERS INSURANCE OF WAUSAU

No. 76-361.

86 Wis.2d 13 (1978)

271 N.W.2d 603

BERTLER, Plaintiff-Appellant, v. EMPLOYERS INSURANCE OF WAUSAU, and others, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided November 28, 1978.

Attorney(s) appearing for the Case

For the appellant there were briefs by Harry F. Peck, Ralph Adam Fine and Petrie, Stocking, Meixner & Zeisig, S.C., of Milwaukee, and oral argument by Mr. Peck.

For the respondents there was a brief by Robert C. Evans and Wimmer, Evans & Vollmar of Waukesha, and oral argument by Robert C. Evans.

BEILFUSS, C.J.

On May 7, 1974, the plaintiff David J. Bertler was working on the premises of his employer A. O. Smith Corporation in Milwaukee. Bertler was struck by a forklift vehicle operated by the defendant Kenneth A. Kulas, a co-employee. Both Bertler and Kulas were within the scope of their employment. Bertler was severely injured.

The plaintiff brought this action for his personal injury damages against Kulas and the defendant Economy Fire & Casualty...

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