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SCHWEINER v. HARTFORD ACCIDENT & INDEMNITY CO.

No. 83-2177.

120 Wis.2d 344 (1984)

354 N.W.2d 767

Ervin E. SCHWEINER, Jr., and Christine A. Schweiner, Plaintiffs-Appellants, v. HARTFORD ACCIDENT & INDEMNITY Co., a foreign corporation, and Crouse-Hinds Arrow Hart, Inc., a foreign corporation, Defendants and Third-Party Plaintiffs and Co-Appellants, ABC INSURANCE Co., and Robert Lombardo, d/b/a Lombardo Electric Supply Co., a foreign corporation, Defendants, The AETNA CASUALTY & SURETY CO., a foreign corporation, Defendant-Respondent, THIEM CORPORATION, a foreign corporation, Defendant and Third-Party Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided July 24, 1984.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Goldberg, Previant, Uelmen, Gratz, Miller & Brueggeman, S.C., with Virginia M. Antoine of counsel, and Dean M. Horwitz of Milwaukee.

For the defendants and third-party plaintiffs and co-appellants the cause was submitted on the briefs of Prosser, Wiedabach & Quale, S.C., with David M. Quale and Gerald R. Harmon of counsel, of Milwaukee.

For the defendants and third-party defendant-respondent the cause was submitted on the briefs of Churchill, Duback & Smith, with John D. Bird, Jr. and David I. Cisar of counsel, of Milwaukee.

Before Wedemeyer, P.J., Moser, J., and Michael T. Sullivan, Reserve Judge.

WEDEMEYER, P.J.

Ervin Schweiner, Christine Schweiner, Crouse-Hinds, and Hartford Accident & Indemnity Company appeal from a summary judgment granted to Thiem Corporation and its insurer, Aetna Casualty & Surety Company. The basis of the judgment is the immunity provided an employer (Thiem) from an employee's common-law tort action under sec. 102.03(2), Stats., of the Wisconsin Worker's Compensation Act. Because we conclude that the principle of immunity embodied...

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