KUTNER v. MOORE

No. 90-0179.

159 Wis.2d 120 (1990)

464 N.W.2d 18

George KUTNER and Deborah Kutner, Plaintiffs, v. D. Terrence MOORE and Karen K. Moore, Defendants-Respondents, Rock PICCIOLO and Re/Max Southwest, Inc., Defendants-Third Party Plaintiffs-Appellants, v. Jackie RUSSO and Merrill Lynch Realtors, Third Party Defendants.

Court of Appeals of Wisconsin.

Decided November 7, 1990.


Attorney(s) appearing for the Case

On behalf of the defendants-third party plaintiffs-appellants, the cause was submitted on the oral argument of Alan H. Deutch, of Deutch, Hansher & Burns of Milwaukee.

On behalf of defendants-respondents, the cause was submitted on the oral argument of Gregory J. Cook of Kasdorf, Lewis & Swietlik, S.C. of Milwaukee.

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


ANDERSON, J.

Rock Picciolo appeals from a judgment dismissing a motion for indemnification from the Moores. A jury found the Moores liable for intentional misrepresentation and Picciolo strictly responsible. The issue presented is whether Picciolo is entitled to indemnification as a matter of law, or whether a trial is required to determine the possible intentional conduct of Picciolo before indemnification can be considered...

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