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HOLDMANN v. SMITH LABORATORIES, INC.

No. 88-2351.

151 Wis.2d 813 (1989)

447 N.W.2d 69

Dennis P. HOLDMANN and Margaret Holdmann, Plaintiffs-Respondents, HERITAGE MUTUAL INSURANCE COMPANY, Intervening-Plaintiff-Appellant, v. SMITH LABORATORIES, INC., Defendant-Respondent, NORTHBROOK COMPANIES, Defendant.

Court of Appeals of Wisconsin.

Decided August 9, 1989.

Attorney(s) appearing for the Case

On behalf of the intervening-plaintiff-appellant, there were briefs and oral argument by Andrew M. Bath.

On behalf of the plaintiffs-respondents, there was a brief and oral argument by Aaron Belongia.

On behalf of the defendant-respondent, there was a brief and oral argument by Fred A. Erchul, II.

On behalf of the defendant, there was oral argument by Fred A. Erchul, II.

There was an Amicus Curiae brief filed by Donald J. Hanaway, attorney general and Stephen M. Sobota, assistant attorney general. Oral argument by Stephen M. Sobota.

Before Brown, P.J., Scott and Nettesheim, JJ.

BROWN, P.J.

This appeal concerns the interpretation of sec. 102.29(1), Stats., which allows employees, employers and compensation carriers to make a claim or maintain an action against a third party for an injury compensable under the worker's compensation statutes. Huck v. Chicago, St. P., M.& O. Ry., 14 Wis.2d 445, 448, 111 N.W.2d 434, 435 (1961). The statute contains a method by which recovery is divided among the...

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