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GORZALSKI v. FRANKENMUTH MUT. INS. CO.

No. 87-2302.

145 Wis.2d 794 (1988)

429 N.W.2d 537

Jack GORZALSKI, and Eileen Gorzalski, Plaintiffs-Appellants, v. FRANKENMUTH MUTUAL INS. CO., a foreign corporation, and John R. Luebbe, Jr., Defendants-Respondents, LUMBERMENS MUTUAL CASUALTY COMPANY, a foreign insurance corporation, Defendant.

Court of Appeals of Wisconsin.

Decided July 19, 1988.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Cannon & Dunphy, S.C., by William M. Cannon and Joanne Swieciak, of Milwaukee.

For the defendant-respondent Frankenmuth Mutual Ins. Co. the cause was submitted on the briefs of Arnold, Murray, O'Neill & Schimmel, by Donald P. O'Meara, of Milwaukee.

For the defendant-respondent John R. Luebbe, Jr. the cause was submitted on the briefs of Borgelt, Powell, Peterson & Frauen, S.C., by W. Ted Tornehl and James M. Fredericks, of Milwaukee.

Before Moser, P.J., Wedemeyer and Nettesheim, JJ.

MOSER, P.J.

Jack and Eileen Gorzalski (the Gorzalskis) appeal from a judgment dismissing their complaint for damages due to the negligent operation of an automobile by John R. Luebbe, Jr. (Luebbe). The trial court dismissed the complaint on the grounds that sec. 102.03(2), Stats., of the worker's compensation law provided the exclusive right of recovery for the Gorzalskis. The trial court also held that the coemploye limitation of liability found in Frankenmuth Mutual...

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