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WAGNER v. CONTINENTAL CAS. CO.

No. 86-0791.

143 Wis.2d 379 (1988)

421 N.W.2d 835

Robert J. WAGNER, Plaintiff-Respondent, v. CONTINENTAL CASUALTY COMPANY, a division of CNA Insurance Companies, Klein Land Company, Harold H. Klein and Randy Klein, Defendants-Appellants, UNITED STATES FIDELITY & GUARANTY COMPANY, Ben'O Salvage & Supply Company, Incorporated and Klein Industrial Company, Incorporated, Defendants.

Supreme Court of Wisconsin.

Decided April 14, 1988.

Attorney(s) appearing for the Case

For the defendants-appellants there were brief in the court of appeals by William W. Ehrke, Dorothy H. Dey and Prosser, Wiedabach & Quale, S.C., Milwaukee, and oral argument by William W. Ehrke.

For the plaintiff-respondent there was a brief in the court of appeals and oral argument by Charles W. Oppitz, and Charles W. Oppitz, S.C., Milwaukee.

STEINMETZ, J.

The circuit court awarded Robert J. Wagner, the plaintiff, damages for injuries sustained when he fell through the roof of a building owned by Harold H. Klein and Randy Klein, the defendants. We reverse the judgment.

This case comes to us on certification by the court of appeals pursuant to sec. 808.05(2), Stats. We granted certification to determine under what circumstances an employee who has received worker's compensation benefits from his...

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