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TUCKER v. MARCUS

No. 86-2256.

142 Wis.2d 425 (1988)

418 N.W.2d 818

Carol TUCKER, a/k/a Carrie Tucker, Plaintiff-Respondent, v. Marvin S. MARCUS d/b/a MGM Health Club, and Continental Casualty Company, Defendants-Appellants.

Supreme Court of Wisconsin.

Decided February 11, 1988.

Attorney(s) appearing for the Case

For the defendants-appellants there were briefs in court of appeals by Allen A. Arntsen, Josann M. Reynolds, and Jenswold, Studt, Hanson, Clark & Kaufmann, Madison, and oral argument by Josann M. Reynolds.

For the plaintiff-respondent there was a brief in court of appeals by Jeffrey J. Grady and Grady Law Office, Madison, and oral argument by Jeffrey J. Grady.

There were amicus curiae briefs by D. J. Weis, Johnson, Weis, Paulson & Priebe, S.C. and The Wisconsin Academy of Trial Lawyers, Rhinelander; Scott G. Pernitz, and Winner, McCallum, Wixson & Pernitz and Wisconsin Insurance Alliance, Madison; Ward I. Richter, Mary L. McDaniel, Bell, Metzner & Gierhart, S.C. and The Civil Trial Counsel of Wisconsin, Inc., Madison.

LOUIS J. CECI, J.

This is an appeal from a decision of the circuit court for Dane county, Susan Steingass, circuit judge, accepted on appellants' petition to bypass the court of appeals pursuant to sec. 808.05(1), Stats. Plaintiff-respondent, Carol Tucker (respondent or Tucker) commenced this action in both an individual capacity and as the special administrator of the estate of her minor son, Nathaniel Tucker (Nathaniel) against Marvin S. Marcus, d/b/a MGM Health...

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