SPEARING v. COUNTY OF BAYFIELD

No. 85-1291.

133 Wis.2d 165 (1986)

394 N.W.2d 761

William SPEARING and Trudy Spearing, his wife, Plaintiffs-Appellants, v. COUNTY OF BAYFIELD, Wisconsin, a political subdivision, Lawrence C. Young, Donald H. Jorgensen, Edward H. Rutledge, William T. Reed, Robert T. Germond, Deo W. Larson, Frank D. Romnes, W. Douglas Wills, Russell L. Parzych, Richard H. Hunter, Emil H. Meitzner, Paul L. Jones, Del R. Laughlin, George L. McLeod, Gene McDonald, Douglas L. Wilson, John Sieh, Reliance Construction Company, a Wisconsin corporation, and Commercial Union Insurance Company, a foreign insurance corporation, Capitol Indemnity Corporation, a domestic insurance corporation, Duffek Sand & Gravel, Inc., a domestic corporation, and Its Unknown Insurance Carrier, and Employers Mutual Liability Insurance Company of Wisconsin, a domestic insurance corporation, Defendants-Respondents, NATIONAL IRON COMPANY, a division of Pettibone Corporation, a foreign corporation, Pettibone Corporation, a foreign corporation, and Pettibone International Sales Corporation, a foreign corporation, Plaintiffs-Appellants, v. COUNTY OF BAYFIELD, Wisconsin, a political subdivision, Lawrence C. Young, Donald H. Jorgensen, Edward H. Rutledge, Dale D. Darwin, William T. Reed, Robert T. Germond, Gilbert O. Bennett, Deo W. Larson, Frank D. Romnes, W. Douglas Wills, Melvin M. Sarvela, Donald W. Bergman, Russell L. Parzych, Richard H. Hunter, Emil H. Meitzner, Paul L. Jones, Del R. Laughlin, George L. McLeod, Gene McDonald, Daniel J. Peterson, Donald L. Wilson, John R. Allen, Roger N. Breitzman, Jerome R. Olson, James Sieh, Employers Mutual Liability Insurance Company of Wisconsin, a domestic insurance corporation, Reliance Construction Company, a Wisconsin corporation, Guardian Insurance Company of Canada, a foreign insurance corporation, Commercial Union Insurance Company, a foreign insurance corporation, and Capitol Indemnity Corporation, a domestic insurance corporation, Defendants-Respondents, Donald H. JORGENSON, Defendant and Third-Party Plaintiff-Respondent, RELIANCE CONSTRUCTION COMPANY and Commercial Union Insurance Company, a foreign insurance corporation, Third-Party Defendants-Respondents, COUNTY OF BAYFIELD, Wisconsin, and Lawrence C. Young, Defendants and Third-Party Plaintiffs-Respondents, William SPEARING, Third-Party Defendant.

Court of Appeals of Wisconsin.

Decided August 12, 1986.


Attorney(s) appearing for the Case

For plaintiffs-appellants, National Iron Co., a division of Pettibone Corp., there were briefs by Krueger & Krueger of Rhinelander.

For plaintiffs-appellants, William & Trudy Spearing, there were briefs by Wm. A. Schroeder of Rhinelander.

For defendant-respondent, Dufek Sand & Gravel, there was a brief by Joe Thrasher of Rice Lake.

For respondent state employes there was a brief by Bronson La Follette, attorney general, and Theodore L. Priebe, assistant attorney general.

For defendant-respondents Reliance Construction Co. and Commercial Union Insurance Co., there was a brief by Scott W. Clark, of Clark & Clark, of Ashland.

For defendant-respondent, Guardian Insurance Co. of Canada, there was a brief by Kenneth A. Knudson of Gee, Hendricks, Knudson & Gee, of Superior.

For defendants-respondents, County of Bayfiled and Lawrence C. Young, there was a brief by James L. Bartells of Merrill.

Before Cane, P.J., LaRocque and Myse, JJ.


LAROCQUE, J.

William and Trudy Spearing and National Iron Company, an unincorporated division of Pettibone Corporation (Pettibone USA),1 appeal the dismissal of their claims that arose out of a single-vehicle truck-crane accident on a state highway in Bayfield County. The trial court, applying collateral estoppel, barred the claims by virtue of a verdict and judgment in federal court. The Spearings and National Iron both assert lack of...

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