LARSEN v. WISCONSIN POWER & LIGHT CO.

No. 82-1990.

120 Wis.2d 508 (1984)

355 N.W.2d 557

Julianne K. LARSEN and Dennis Larsen and Dorothy R. Larsen, her parents, Plaintiffs-Respondents and Cross-Appellants, v. WISCONSIN POWER & LIGHT COMPANY, a domestic corporation, Defendant-Appellant and Cross-Respondent, Steven MERRIMAN and Roy K. Clary, Defendants-Appellants and Cross-Respondents, Don LEE, d/b/a Town Inn Motel, Defendant and Cross-Respondent.

Court of Appeals of Wisconsin.

Decided August 23, 1984.


Attorney(s) appearing for the Case

For the defendant-appellant and cross-respondent Wisconsin Power & Light Company the cause was submitted on the briefs of James C. Herrick and Bruce A. Schultz, and Brynelson, Herrick, Gehl & Bucaida of Madison.

For the defendants-appellants and cross-respondents Steven Merriman and Roy K. Clary the cause was submitted on the briefs of Bronson C. La Follette, attorney general, and Theodore L. Priebe, assistant attorney general, and Waltraud A. Arts, assistant attorney general.

For the plaintiffs-respondents and cross-appellants Julianne K. Larsen, Dennis Larsen and Dorothy R. Larsen, the cause was submitted on the briefs of Robert A. Slattery and John G. Gehringer and Frisch, Dudek and Slattery, Ltd. of Milwaukee.

Before Gartzke, P.J., Dykman, J. and Gordon Myse, Reserve Judge.


GORDON MYSE, Reserve Judge.

This is an appeal and cross-appeal from a judgment finding that the appellants negligently caused the asphyxiation of Ms. Larsen. We reverse the portion of the judgment finding appellants Clary and Merriman negligent, and affirm the remainder of the judgment as modified.

Ms. Larsen and companions were found unconscious in their room at the Towne Inn Motel in Mauston, Wisconsin. Ms. Larsen...

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