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DAVENPORT v. GILLMORE

No. 87-1641.

146 Wis.2d 498 (1988)

431 N.W.2d 701

Daniel DAVENPORT, Plaintiff-Appellant, v. Gail A. GILLMORE, and Citizen Security Mutual Insurance Company, a foreign corporation, John G. Fox, d/b/a Fox Brothers Construction, Richard W. Fischer, d/b/a Fischer Sand & Gravel Company, and/or Fischer Excavating & Grading Company, Defendants-Respondents, EMPLOYERS INSURANCE COMPANY OF WAUSAU, a domestic corporation, Defendant.

Court of Appeals of Wisconsin.

Decided September 14, 1988.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant there were briefs and oral argument by David Allen Hansher of Deutch, Hansher & Burns of Milwaukee.

On behalf of the defendants-respondents, there were briefs by William J. Katt and Emile H. Banks, Jr., of Kasdorf, Lewis & Swietlik, S.C. of Milwaukee; briefs by James D. MacDonald of MacDonald & Koss of Union Grove; briefs by Timothy, J. Strattner of Schellinger & Doyle, S. C. of Brookfield. There was oral argument by Emile H. Banks, Jr., James D. MacDonald, and Timothy J. Strattner.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

NETTESHEIM, J.

Daniel Davenport appeals from three orders and resultant summary judgments dismissing his negligence claims against Gail Gillmore and her insurer, Citizen Security Mutual Insurance (Gillmore), Fox Brothers Construction (Fox) and Fischer Sand and Gravel Company (Fischer). Davenport contends that Gillmore, Fox and Fischer were negligent in the design and construction of an artificially improved pond into which...

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