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BAGNOWSKI v. PREWAY, INC.

No. 86-0220.

138 Wis.2d 241 (1987)

405 N.W.2d 746

Robert BAGNOWSKI and Farmers Insurance Exchange, a foreign reciprocal inter-insurance exchange, Plaintiffs-Appellants, v. PREWAY, INC., a domestic corporation; The Travelers Insurance Company, a foreign stock corporation; David Zach and Transamerica Insurance Company, a foreign stock corporation, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided March 24, 1987.

Attorney(s) appearing for the Case

For plaintiffs-appellants there were briefs submitted by Richard W. Zalewski and Edward G. Harris of Terwilliger, Wakeen, Piehler & Conway, S.C., Wausau.

For respondents Preway, Inc., and The Travelers Insurance Company, there was a brief submitted by James A. Wade of Johnson, Killen, Thibodeau & Seiler, P.A., Duluth, MN.

For respondents David Zach and Transamerica Insurance Company, there was a brief submitted by Ronald L. Piette and Michael T. Steber of Piette, Knoll & Nelson, S.C., Milwaukee.

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

LaROCQUE, J.

Robert Bagnowski, a homeowner, appeals a judgment on the verdict in favor of Preway, Inc., a heating unit manufacturer, and David Zach, the former homeowner who installed one of Preway's units. Bagnowski's suit alleged that Preway had negligently designed, and Zach had negligently installed, a chimney that caused severe fire damage to his home.

Bagnowski asserts that the trial court improperly instructed the jury on the standard of conduct by...

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