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FOLEY v. CITY OF WEST ALLIS

No. 81-1747.

113 Wis.2d 475 (1983)

335 N.W.2d 824

Daniel J. FOLEY, and Zita A. Foley, his wife, Plaintiffs and Joint Appellants-Petitioners, v. CITY OF WEST ALLIS, a municipal corporation, Defendant-Respondent, Thomas C. KOWALSKI and American Family Mutual Insurance Company, Defendants and Third-Party Plaintiffs-Respondents, ALLSTATE INSURANCE COMPANY, Third-Party Defendant-Respondent.

Supreme Court of Wisconsin.

Decided July 1, 1983.

Attorney(s) appearing for the Case

For the petitioners there was a brief by Mark W. Ninneman and Polland, Ninneman & Kohn, Milwaukee, and Frank Doster, Brown Deer, and oral argument by Mark W. Ninneman.

For the defendant-respondent there was a brief and and oral argument by Michael J. Sachen, city attorney, West Allis.

For the defendants and third-party plaintiffs-respondents there was a brief by John U. Schmid, Jr., Mark A. Grady, and Borgelt, Powell, Peterson & Frauen, S.C., Milwaukee, and oral argument by Mr. Schmid and Mr. Grady.

Reversing and remanding 109 Wis.2d 685, 325 N.W.2d 737 (Ct. App.).

SHIRLEY S. ABRAHAMSON, J.

This is a review of an unpublished decision of the court of appeals filed on September 27, 1982, affirming an order of the Circuit Court for Milwaukee County, Harold B. Jackson, Jr., Circuit Judge. The circuit court dismissed the plaintiffs' personal injury action on its merits because according to its calculations based...

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