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ROSS v. FOOTE

No. 89-1230.

154 Wis.2d 856 (1990)

454 N.W.2d 62

Joseph M. ROSS and Cynthia C. Ross, Plaintiffs-Appellants, v. Robert T. FOOTE, Jr., Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided February 28, 1990.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants the cause was submitted on the briefs of Dean P. Laing of O'Neil, Cannon & Hollman, S.C. of Milwaukee.

On behalf of the defendant-respondent the cause was submitted on the brief of Jon P. Christiansen, Maureen A. McGinnity, DeVonna Joy of Foley & Lardner of Milwaukee.

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

NETTESHEIM, J.

The issue on this appeal is whether Joseph Ross's common-law negligence action against Robert Foote, Jr., a co-employee at the time of Ross's injury, is barred by the co-employee immunity provisions of the Worker's Compensation Act. Ross claims that his action is permitted under an exception to the co-employee immunity rule. This exception provides that one employee may sue another for the negligent operation of a motor vehicle "not owned or leased...

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