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COUILLARD v. VAN ESS

No. 86-2103.

141 Wis.2d 459 (1987)

415 N.W.2d 554

Rosalie V. COUILLARD, individually and as personal representative of the Estate of Oliver G. Couillard, Plaintiff-Respondent, v. William A. VAN ESS, David F. Van Ess, and Milwaukee Mutual Insurance Company, a Wisconsin insurance corporation, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided September 15, 1987.

Attorney(s) appearing for the Case

For defendants-appellants, there was a brief by Wayne R. Peterson, Wayne R. Peterson, S.C., Green Bay.

For plaintiffs-respondents, there was a brief by Gary R. Weidner and Hanaway, Ross, Hanaway, Weidner, Garrity & Bachhuber, S.C., Green Bay.

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

LaROCQUE, J.

William Van Ess, David Van Ess, factory owner-landlords, and their insurer appeal a judgment awarding damages to Rosalie Couillard and the estate of Oliver Couillard, her husband. Couillard was killed in an industrial accident while employed by Van Esses' corporate tenant. The Van Esses argue that, as owner-landlords, they had neither a common law duty nor a safe place statutory duty to provide for Couillard's safety. We reverse because there was insufficient...

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