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PEISSIG v. WISCONSIN GAS CO.

No. 88-1611.

155 Wis.2d 686 (1990)

456 N.W.2d 348

Franklin C. PEISSIG, Katherine J. Peissig, Marathon County Department of Social Services, Clark County Department of Social Services and State of Wisconsin Department of Social Services, Plaintiffs-Respondents, v. WISCONSIN GAS COMPANY, a domestic corporation, Defendant-Appellant, WESTERN NATIONAL MUTUAL INSURANCE COMPANY, and Threshermens Mutual Insurance Company, Wisconsin Corporation, Defendants-Subrogees-Respondents.

Supreme Court of Wisconsin.

Decided June 14, 1990.

Attorney(s) appearing for the Case

For the defendant-appellant there were briefs (in court of appeals) by Thomas Terwilliger, Jeffrey J. Strande and Terwilliger, Wakeen, Piehler & Conway, Wausau and oral argument by James R. Clark and Foley & Lardner, Milwaukee.

For the plaintiffs-respondents there was a brief (in court of appeals) by Paul A. Nikolay and Nikolay, Jensen, Scott, Gamoke & Grunewald, S.C., Abbotsford and oral argument by Paul A. Nikolay.

For the defendant-subrogee-respondents there was a brief (in court of appeals) by Michael A. Schumacher and Herrick, Hart, Duchemin, Danielson & Guettinger, S.C., Eau Claire and oral argument by Mr. Schumacher.

Amicus curiae brief was filed (in the supreme court) by John E. Feldbruegge, Terrence C. Thom, Dorothy H. Dey and Quale, Feldbruegge, Calvelli, Thom & Croke, S.C., Milwaukee, for Wisconsin Utilities Association.

WILLIAM A. BABLITCH, J.

This case is before the court on certification to determine whether a finding of willful, wanton, or reckless behavior is necessary to award treble damages against public utilities in negligence actions pursuant to sec. 196.64, Stats. We affirm the decision of the circuit court that such a finding is not necessary under sec. 196.64. We reverse the decision of the circuit court, however, on the issue whether a joint offer of settlement from...

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