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JOHNSON v. GRZADZIELEWSKI

No. 89-2355.

159 Wis.2d 601 (1990)

465 N.W.2d 503

Todd JOHNSON, Plaintiff-Appellant, v. Mary Lou GRZADZIELEWSKI, William Rewey, James N. Knocke, Dean H. Tucker, H. Gaylord Greenhill, James Conner, Robert Washburn, William Riley, Dean Wolf, Earl Gutzmer, Rick Scruton, Jerry Gorby, Doug Prey, Wayne Pearson, James Bertling, Gerald Endrizzi, Walter Hicks, Northwestern Elevator Company, Hartford Accident & Indemnity Insurance Group, a foreign corporation, and G.A.L. Mechanical Services, a foreign corporation, Defendants-Respondents, DOVER ELEVATOR, a foreign corporation, Liberty Mutual Insurance, a foreign corporation, Daverman Associates, Architects and Engineers, a foreign corporation, ABC Insurance Company and DEF Insurance Company, Defendants.

Court of Appeals of Wisconsin.

Decided November 14, 1990.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of John E. Feldbruegge of Quale, Feldbruegge, Calvelli, Thom & Croke, S.C. of Milwaukee.

On behalf of the defendants-respondents Mary Lou Grzadzielewski, William Rewey, James N. Knocke, Dean H. Tucker, H. Gaylord Greenhill, James Conner, Robert Washburn, William Riley, Dean Wolf, Earl Gutzmer, Rick Scruton, Jerry Gorby, Doug Prey, Wayne Pearson, James Bertling, Gerald Endrizzi and Walter Hicks, the cause was submitted on the briefs of Donald J. Hanaway, attorney general, and Theodore L. Priebe, assistant attorney general.

On behalf of the defendants-respondents North-western Elevator Company and Hartford Accident & Indemnity Insurance Group, the cause was submitted on the brief of Mark A. Grady of Otjen, Van Ert, Stangle, Lieb & Weir, S.C. of Milwaukee.

On behalf of the defendant-respondent G.A.L. Mechanical Services, the cause was submitted on the brief of Steven W. Celba and Michael D. Stotler of Borgelt, Powell, Peterson & Frauen, S.C. of Milwaukee.

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

BROWN, J.

Todd Johnson was seriously injured when he tried to climb out of an elevator car that stopped between two floors while he and two friends were joy riding the elevator in a practice known as "expressing." Johnson appeals two summary judgments holding him more negligent than any of the defendants in his tort suit. He also appeals an order denying his motion for a default judgment against one of the defendants, G.A.L. Mechanical Services.

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