ANDERSON v. McBURNEY

No. 89-2326.

160 Wis.2d 866 (1991)

467 N.W.2d 158

Mary Jean Louise ANDERSON, An Incompetent, by David E. Smithson, Her Guardian, Plaintiffs-Appellants, v. Floyd W. McBURNEY, An Incompetent, By Georgianna Stebnitz, His Guardian, Whipple Law Offices, S.C., a Wisconsin Service Corporation, Carlyle H. Whipple, Melvin W. Bieber, Wisconsin Lawyers Mutual Insurance Company, a Wisconsin Mutual Insurance Company, St. Paul Fire & Marine Insurance Company, a Minnesota Corporation, Continental Casualty Company, an Illinois Corporation, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided February 14, 1991.


Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Loduha & Zeman, by Robert J. Zeman, of Manitowoc.

For the defendant-respondent, Floyd W. McBurney, the cause was submitted on the briefs of Boardman, Suhr, Curry & Field, by Bonnie A. Wendorff and Claude J. Covelli, of Madison.

For the defendants-respondents, Whipple Law Office, S.C., Carlyle H. Whipple, and Continental Casualty Company, the cause was submitted on the briefs of Jenswold, Studt, Hanson, Clark & Kaufman, by Allen A. Arntsen, of Madison.

For the defendants-respondents, Carlyle H. Whipple and St. Paul Fire and Marine Insurance Company and co-counsel for Floyd W. McBurney, the cause was submitted on the briefs of Bell, Metzner, Gierhart & Moore, by John W. Markson, of Madison.

For the defendants-respondents, Lawyers Mutual Insurance Company, the cause was submitted on the briefs of Whyte & Hirschboeck, S.C., by Peter L. Gardon, of Madison.

Before Gartzke, P.J., Dykman and Sundby, JJ.


GARTZKE, P.J.

The guardian of Mary Jean Anderson appeals from a summary judgment dismissing her claims against attorneys Floyd McBurney, Carlyle Whipple, and Melvin Bieber, against Whipple Law Offices, S.C., and against their professional liability insurance carriers.1 Anderson, a mentally incompetent person, is her father's sole heir. McBurney is the primary beneficiary under the will of Anderson...

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