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SCOTT v. FIRST STATE INS. CO.

No. 88-1149.

151 Wis.2d 286 (1989)

444 N.W.2d 405

Murray SCOTT, a minor by his Guardian ad Litem, Carl L. Ricciardi, Clifford Scott and Marrion Scott, Plaintiffs-Appellants, v. FIRST STATE INSURANCE COMPANY, a foreign corporation, Paul Patz, Mamie Patz, Arlene Sailer, Laverne Grosse, Harold Grosse, Clifford Patz, Howard Patz, Harold Patz, Darrell Patz, Eleanor Gusick and Roger Gusick, d/b/a Patz Company, Patz Sales Corporation, formerly a Wisconsin corporation, Patz Sales, Inc., a Wisconsin corporation, Employers Mutual Casualty Co., a foreign corporation, and Graetz, Mfg., Inc., a Wisconsin corporation, Defendants-Respondents, ABC INSURANCE COMPANY, a fictitious corporation, and DEF Insurance Company, a fictitious corporation, Defendants.

Court of Appeals of Wisconsin.

Decided June 8, 1989.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Habush, Habush & Davis, S.C., with Howard A. Davis and Virginia M. Antoine of counsel, of Milwaukee.

For the defendants-respondents First State Insurance Company, Paul Patz, Mamie Patz, Arlene Sailer, Laverne Grosse, Harold Grosse, Clifford Patz, Howard Patz, Harold Patz, Darrell Patz, Eleanor Gusick and Roger Gusick, d/b/a Patz Company; Patz Sales Corporation, and Patz Sales, Inc. the cause was submitted on the briefs of Otjen & Van Ert, S.C., with Mark S. Knutson of counsel, of Milwaukee.

For the defendants-respondents Employers Mutual Casualty Co. and Graetz Mfg., Inc. the cause was submitted on the briefs of Kasdorf, Lewis & Swietlik, S.C., with Jeffrey A. Schmeckpeper and Patti J. Kurth of counsel, of Milwaukee.

Before Moser, P.J., Sullivan and Fine, JJ.

FINE, J.

This suit was commenced on November 6, 1987. Founded in both strict liability and negligence, it seeks to recover for injuries suffered by Murray Scott on November 8, 1981, when his foot and leg were caught in a barn cleaner alleged to have been designed and manufactured, in whole or in part, and sold by the non-insurance-company defendants, all of whom are Wisconsin residents or entities. The accident took place on the Scott family farm in Alberta, Canada...

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