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ESTATE OF SCHILLING v. BLOUNT, INC.

No. 89-0085.

152 Wis.2d 608 (1989)

449 N.W.2d 56

ESTATE OF Erik SCHILLING, by Christine Schilling, Special Administratrix, and Christine Schilling, Individually, Plaintiffs-Appellants, v. BLOUNT, INC., a Foreign Corporation, Defendant-Respondent, Alfredo GONZALEZ, Carmen Gonzalez, Catalina Gonzalez, Heritage Mutual Insurance Company, a Wisconsin Insurance Company, Thomas Freeb, Gerry Zaren, Hannelor Zaren, ABC Insurance Company, a Foreign or Domestic Insurance Company, Karl Cerny, Sr., North River Insurance Company, a Foreign Insurance Corporation, Colt Industries, Inc., Colt Firearms Division, a Pennsylvania Corporation, Central Sales Corporation, a Domestic Corporation, and PQR, a Foreign or Domestic Corporation or Individual or Partnership, Defendants.

Court of Appeals of Wisconsin.

Decided October 10, 1989.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Herbon, McLaughlin & Herbon, by Geoffrey M. Herbon, of Milwaukee.

For the defendant-respondent the cause was submitted on the briefs of Davis & Kuelthau, S.C., by David J. Vergeront and Miles S. Mittelstadt, of Milwaukee.

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

MOSER, P.J.

The Estate of Erik Schilling (Schilling) appeals from a summary judgment granted on the motion of and in favor of Blount, Inc. (Blount).

On September 4, 1982, Schilling was visiting his friend Karl Cerny, Jr., (Cerny) at Cerny's home located in the city of Milwaukee. The two boys were listening to music in Cerny's attic bedroom. Cerny had previously purchased a .22 caliber Colt pistol. Cerny loaded the pistol with live .22 bullets, which were furnished...

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