ST. CLARE HOSP. v. SCHMIDT, Garden

No. 87-1717.

148 Wis.2d 750 (1989)

437 N.W.2d 228

ST. CLARE HOSPITAL OF MONROE, WISCONSIN, a Wisconsin non-stock, not-forprofit corporation, Plaintiff-Appellant, v. SCHMIDT, GARDEN, ERICKSON, INC., an Illinois corporation, Robert F. Lange and John Does I-X, Alias, formerly d/b/a Schmidt, Garden & Erickson, formerly an Illinois partnership, J.P. Cullen & Son Construction Corporation, a Wisconsin corporation, and J.P. Cullen & Sons, Incorporated, a Wisconsin corporation, Defendants-Appellants, NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, a Wisconsin corporation, Defendant, GILBRALTAR CASUALTY COMPANY, a Delaware corporation, Defendant-Appellant, INDIANA INSURANCE COMPANY, an Indiana corporation, United States Fidelity & Guaranty Co., a Maryland corporation, Federal Insurance Company, a New Jersey corporation, ABC Insurance Company or Companies, Alias DEF Insurance Company or Companies, Aliases, Defendants, PIPKORN CORPORATION, a Delaware corporation, the Standard Fire Insurance Company, a/k/a Aetna Life & Casualty, a Connecticut corporation, Hartford Accident & Indemnity Company, a Connecticut corporation, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided January 12, 1989.


Attorney(s) appearing for the Case

For the plaintiff-appellant there were briefs by Charles E. Burroughs and Robert E. Koenig and von Briesen & Purtell, S.C., of Milwaukee, and oral argument by Robert E. Koenig.

For the defendants-appellants there were briefs by W. Wayne Siesennop and M. Susan Maloney and Godfrey, Trump & Hayes, of Milwaukee, and oral argument by W. Wayne Siesennop.

For the defendants-appellants J. P. Cullen & Son Construction Corporation and J. P. Cullen & Sons Incorporated, there was a brief by Margaret B. Grabowski and Brennan, Steil, Ryan, Basting and MacDougall, S.C., of Janesville, and oral argument by Margaret B. Grabowski.

Before Gartzke, P.J., Eich and Sundby, JJ.


EICH, J.

We granted St. Clare Hospital leave to appeal a nonfinal order dismissing its products liability claim against Pipkorn Corporation, the supplier of bricks for an addition to the hospital facility. The order also dismissed claims for contributions from Pipkorn brought by the architect for the project (Schmidt, Garden, Erikson, Inc.) and the general contractor (J.P. Cullen & Son Construction). While Schmidt, Garden, Erickson (SGE) and Cullen agree with...

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