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DOBRATZ v. THOMSON

No. 88-2320.

161 Wis.2d 502 (1991)

468 N.W.2d 654

Brenda DOBRATZ, Personally and as Special Administrator of the Estate of her deceased husband, Mark Dobratz, Plaintiffs-Respondents-Cross Appellants-Petitioners, v. Gregg THOMSON, State Farm Fire & Casualty Company, Ron Abraham, West Bend Mutual Insurance Company, James C. Cooney, Transamerica Insurance Company, Thomas Smith, State Farm Fire & Casualty Company, Jeff Thomson, Brian Hahn and Sheboygan Falls Mutual Insurance Company, Defendants-Appellants-Cross Respondents, BLUE CROSS/BLUE SHIELD UNITED OF WISCONSIN, Defendant.

Supreme Court of Wisconsin.

Decided May 1, 1991.

Attorney(s) appearing for the Case

For the plaintiffs-respondents-cross appellants-petitioners there were briefs by John E. Shannon, Jr., Russell T. Golla and Anderson, Shannon, O'Brien, Rice & Bertz, Stevens Point and oral argument by Mr. Golla.

For the defendants-appellants-cross respondents there was a brief by Michael S. Siddall and Herrling, Clark, Hartzheim & Siddall, Ltd., Appleton and oral argument by Michael S. Siddall.

STEINMETZ, J.

There are two issues in this case. The first is whether the exculpatory contract at issue here is void and unenforceable as contrary to public policy. The second issue is, if the exculpatory contract is not void and unenforceable as contrary to public policy, are its terms nevertheless so unclear and ambiguous as to render the contract unenforceable as a matter of law.

This is a summary judgment case...

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