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TIFT v. FORAGE KING INDUSTRIES, INC.

No. 80-1724.

102 Wis.2d 327 (1981)

306 N.W.2d 289

Allen TIFT and Calvin Tift, Barron County Department of Social Services, Plaintiffs-Appellants, v. FORAGE KING INDUSTRIES, INC., and Auto-Owners Insurance Company, Defendants-Respondents, Vernon L. NEDLAND and Woodrow W. Wiberg, d/b/a Forage King Industries or Nedland Welding Works, Defendants.

Court of Appeals of Wisconsin.

Decided April 27, 1981.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the briefs of David M. Erspamer and Cwayna, Novitzke, Byrnes, Gust & Williams of Amery.

For the respondents the cause was submitted on the brief of Garvey, Anderson, Kelly & Ryberg, S.C., of Eau Claire.

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

DONLIN, P.J.

Calvin Tift was injured while using a chopper box manufactured by Wiberg, one of Forage King Industries, Inc.'s predecessors in business. Tift brought this action against Forage King Industries, Inc. (FKI), its insurers, and Wiberg. In bringing a motion for summary judgment, FKI contended that because the predecessor who had manufactured the box had been a sole proprietor rather than a corporation, no corporate successor liability could exist. The trial...

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