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GIESE v. MONTGOMERY WARD, INC.

No. 81-763.

111 Wis.2d 392 (1983)

331 N.W.2d 585

Peter GIESE and Sue Giese, individually and as parents of Missy Giese, Plaintiffs and Cross-Appellants, Missy GIESE, a minor, by her guardian ad litem, Arnold J. Wightman, Plaintiff-Appellant and Cross-Respondent-Petitioner, v. MONTGOMERY WARD, INC., a foreign corporation, Defendant and Cross-Respondent, Michael SHANAHAN, a minor, Bernard Shanahan, individually, and d/b/a Shanahan's Tavern, and Dorothy Shanahan, individually, and d/b/a Shanahan's Tavern, Defendants-Respondents and Cross-Appellants and Cross-Respondents and Cross-Petitioners.

Supreme Court of Wisconsin.

Decided March 29, 1983.

Attorney(s) appearing for the Case

For the cross-respondent-petitioner there were briefs by Joe Thrasher, Katherine Mahan Stewart and Cameron, Shervey, Thrasher, Doyle & Pelish, Ltd., Rice Lake, and Fritschler, Pellino, Schrank & Rosen, Madison, and oral argument by Joe Thrasher.

For the cross-respondents and cross-petitioners there was a brief by Clyde C. Cross and Cross, Mercer and Maffei, Baraboo, and oral argument by Clyde C. Cross.

For the plaintiffs and cross-appellants there was a brief and oral argument by Michael Nowakowski, Madison.

For the defendant and cross-respondent there was a brief and oral argument by Frank M. Coyne, Madison.

Reversing and remanding 107 Wis.2d 745, 322 N.W.2d 699 (Ct.App.).

BEILFUSS, C. J.

This is a review of an unpublished decision of the court of appeals which affirmed in part the judgment of the trial court in a personal injury action.

This action arises out of an accident involving a riding lawn mower. Bernard and Dorothy Shanahan own Shanahan's Tavern near Loganville, Wisconsin. The tavern is located next to the Shanahans' home. On August 7, 1977,...

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