FUNK v. WOLLIN SILO & EQUIPMENT, INC.

No. 86-2089.

148 Wis.2d 59 (1989)

435 N.W.2d 244

Wayne W. FUNK and Ruth M. Funk, Plaintiffs-Appellants, v. WOLLIN SILO & EQUIPMENT, INC. and Heritage Mutual Insurance Company, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided February 14, 1989.


Attorney(s) appearing for the Case

For the plaintiffs-appellants there were briefs (in court of appeals) by Michael D. O'Brien and Feingold & Bates, Janesville, and oral argument by David B. Feingold.

For the defendants-respondents there were briefs (in court of appeals) by Arthur P. Simpson and Snodgrass & Simpson, Milwaukee, and oral argument by Arthur P. Simpson.

Amicus curiae briefs were filed by Lawrence Bensky, Richard M. Burnham and LaFollette & Sinykin, Madison, for Wisconsin Housing and Economic Development Authority; and D.J. Weiss and Johnson, Weiss, Paulson & Priebe, S.C., Rhinelander, for Wisconsin Academy of Trial Lawyers.


HEFFERNAN, CHIEF JUSTICE.

This is an appeal from a judgment of the circuit court for Rock county taken on the certification of the court of appeals, which judgment dismissed the Funks' complaint alleging damages caused by the negligent construction of a silo by Wollin Silo & Equipment, Inc. (hereinafter Wollin).

The circuit court dismissed the action because it concluded that, under sec. 893.89, Stats.,

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