Chad WATERS, a minor, by his Guardian ad Litem, James J. Murphy, Gilbert Waters and Kathleen Waters, Plaintiffs-Appellants,
v.
UNITED STATES FIDELITY & GUARANTY COMPANY, a foreign corporation, and Alice Ann Mainus, Defendants,
THRESHERMAN'S MUTUAL INSURANCE COMPANY, a Wisconsin corporation, Stanley J. Mainus, Great American Insurance Company, a foreign corporation, and James Mainus, Defendants-Respondents.
GREAT AMERICAN INSURANCE COMPANY and James Mainus, Defendants and Third-Party Plaintiffs,
v.
BADGER MUTUAL INSURANCE COMPANY, Third-Party Defendant.
Court of Appeals of Wisconsin.https://leagle.com/images/logo.png
Argued January 31, 1985.
Decided April 10, 1985.
Attorney(s) appearing for the Case
For the plaintiffs-appellants, there were briefs and oral argument by James J. Murphy, of Gillick, Murphy, Gillick & Wicht, of Milwaukee.
For the defendants-respondents, there were briefs and oral argument by Margaret Grabowski, of Brennan, Steil, Ryan, Basting & MacDougall, S.C. of Janesville, on behalf of Stanley J. Mainus and Thresherman's Mutual Insurance Company; and there were briefs and oral argument by Ted W. Tornehl, of Borgelt, Powell, Peterson & Frauen, S.C., of Milwaukee, on behalf of James Mainus and Great American Insurance Company.
Before Scott, C.J., Brown, P.J., and Nettesheim, J.
Court of Appeals of Wisconsin.
BROWN, P.J.
In this appeal, we are asked to decide whether the Wisconsin Supreme Court's decision in Antoniewicz v. Reszczynski,70 Wis.2d 836, 236 N.W.2d 1 (1975), abolished all former Wisconsin case law involving the open and obvious danger exception to ordinary negligence. We hold that it did not. We conclude the Antoniewicz decision simply eliminated the distinction in duty...
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