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COUILLARD v. VAN ESS

No. 89-0104.

152 Wis.2d 62 (1989)

447 N.W.2d 391

Rosalie V. COUILLARD, individually and as personal representative of the Estate of Oliver G. Couillard, Plaintiff-Respondent, v. William A. VAN ESS, David F. Van Ess, and Milwaukee Mutual Insurance Company, a Wisconsin insurance corporation, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided August 22, 1989.

Attorney(s) appearing for the Case

For defendants-appellants there was a brief by Wayne R. Peterson and Wayne R. Peterson, S.C., Green Bay.

For plaintiff-respondent there was a brief by Gary R. Weidner and Hanaway, Ross, Hanaway, Weidner, Garrity & Bachhuber, S.C., Green Bay.

Before Cane, P.J., LaRocque and Myse, JJ.

LaROCQUE, J.

William and David Van Ess and their insurers appeal a judgment holding the Van Esses partially at fault as owners-lessors of factory premises where Oliver Couillard was involved in a fatal industrial accident. The Van Esses argue that they are immune from suit under the exclusive remedy provision of the worker's compensation statute because they, as sole shareholders, officers, and directors of Couillard's corporate employer, paid Couillard the total...

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