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DePRATT v. SERGIO

No. 79-1243.

102 Wis.2d 141 (1981)

306 N.W.2d 62

Kenneth W. DePRATT and Barbara DePratt, his wife, Plaintiffs-Appellants-Petitioners, v. John A. SERGIO, d/b/a John A. Sergio Crane Service and United States Fidelity & Guaranty Company, a foreign corporation, Defendants-Respondents, SELZER-ORNST COMPANY, a Wisconsin corporation, Employers Mutual Liability Insurance Company of Wisconsin, a Wisconsin corporation, Allis-Chalmers, a foreign corporation, The Travelers Insurance Company, a foreign corporation, and West Bend Mutual Insurance Company, a Wisconsin corporation, Defendants.

Supreme Court of Wisconsin.

Decided June 2, 1981.

Attorney(s) appearing for the Case

For the petitioners there were briefs by Howard A. Davis, Habush, Habush & Davis, S.C., and Saichek & Hertel, S.C., and oral argument by Howard A. Davis, all of Milwaukee.

For the respondents there was a brief by Bernard J. Hankin and Kluwin, Dunphy, Hankin & McNulty of Milwaukee, and oral argument by Bernard J. Hankin.

SHIRLEY S. ABRAHAMSON, J.

The issue presented on review is whether we should discard the borrowed servant rule in favor of the dual liability approach. We decline to discard the borrowed servant rule.

This controversy arose when plaintiff, Kenneth DePratt, an employee of Metal Buildings of Wisconsin, Inc., a contracting business, sustained injuries allegedly caused by the negligence of a crane operator who was employed by and operating a crane belonging to...

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