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HAWES v. GERMANTOWN MUTUAL INS. CO.

No. 80-299.

103 Wis.2d 524 (1981)

309 N.W.2d 356

Lloyd F. HAWES and Judith A. Hawes, his wife, Plaintiffs-Respondents and Cross-Respondents, v. GERMANTOWN MUTUAL INSURANCE COMPANY, a mutual company of Wisconsin, Defendant-Cross-Appellant and Cross-Respondent, Ronald PELKY, Patricia Pelky, his wife, Marris-Moran Homes, Inc., a Wisconsin corporation, Alex Marris and Thomas Moran, Defendants, CITY OF MUSKEGO, a municipal corporation, and Gerald P. Lee, Defendants-Appellants and Cross-Respondents, TRICO MASONRY, INC., a corporation, Defendant-Third Party Plaintiff, Cross-Respondent and Cross-Appellant, DAL CORPORATION, Robert J. Schenk d/b/a Schenk Grading & Trucking and Jerome Bence d/b/a Chips Grading, Third-Party Defendants.

Court of Appeals of Wisconsin.

Decided June 5, 1981.

Attorney(s) appearing for the Case

For the defendants-appellants and cross-respondents City of Muskego and Gerald P. Lee the cause was submitted on the briefs of Law Office of C. Donald Straub by Julie J. Darnieder, of counsel, of Milwaukee.

For the defendant-third party plaintiff-cross-respondent and cross-appellant Trico Masonry, Inc., the cause was submitted on the briefs of Simarski, Goodrich & Stack, Ltd., of Milwaukee.

For the defendant-cross-appellant and cross-respondent Germantown Mutual Insurance Company the cause was submitted on the briefs of Fiorenza, Weiss, Amato, Hodan & Belongia, S.C., by Frank W. Doster, of Milwaukee.

For the plaintiffs-respondents and cross-respondents Lloyd F. Hawes and Judith A. Hawes, his wife, the cause was submitted on the brief of Reiske and Reiske by Peter F. Reiske, of Milwaukee.

Before Decker, C.J., Moser, P.J., and Cannon, J.

DECKER, C.J.

This case arises out of the collapse of a basement wall of plaintiffs' home. At the close of a trial to the court, the trial court awarded $12,864 for damage to the building, $1,752 for loss of personal property to the plaintiffs jointly, and $1,500 for negligent infliction of emotional distress to plaintiff Judith A. Hawes. The court apportioned causal negligence 50% to the masonry subcontractor who built...

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