MILLER v. BRISTOL-MYERS CO.

No. 90-1612.

161 Wis.2d 683 (1991)

468 N.W.2d 744

Estella M. MILLER, Duane R. Miller, Tara Lynn Miller, a minor, by her Guardian ad Litem, Kenneth R. Baumgartner, and Carl Robert Miller, a minor, by his Guardian ad Litem, Kenneth R. Baumgartner, Plaintiffs-Appellants-Cross Respondents, v. BRISTOL-MYERS COMPANY, a foreign corporation, Defendant-Respondent, FIKE CORPORATION, a foreign corporation, and Interstate, Inc., a Wisconsin corporation, Defendants-Co-Appellants, BUKACEK CONSTRUCTION, INC., a Wisconsin corporation, and General Casualty Company of Wisconsin, a Wisconsin insurance corporation, Defendants, KAELBER COMPANY, a Wisconsin corporation, and Sentry Insurance a mutual company, a Wisconsin insurance corporation, Defendants-Co-Appellants, ARCHITECTURAL ASSOCIATES, LTD. OF WISCONSIN, a Wisconsin corporation, Homestead Insurance Company, a Wisconsin insurance corporation, Scottsdale Insurance Company, a foreign insurance corporation, and Columbia Casualty Company, a foreign insurance corporation, Defendants, OEHCS, INC., a foreign corporation, Robert C. Brandys and Crum & Forster Insurance Companies, an insurance corporation, Defendants-Respondents-Cross Appellants, Joseph R. KLEIN, The Klein Company, a Wisconsin corporation, Frank B. Hall & Co., a foreign corporation, and Factory Mutual Engineering Associates, Defendants.

Court of Appeals of Wisconsin.

Decided March 6, 1991.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants-cross respondents, the cause was submitted on the briefs of Kenneth R. Baumgartner of Kenosha.

On behalf of the co-appellants, the cause was submitted on the briefs of Robert E. Hankel of Paulson, Hankel, Bruner & Nichols, S.C. of Racine; Robert F. Johnson and Michele M. Ford of Cook & Franke, S.C. of Milwaukee; and Joseph D. McDevitt and Barbara A. O'Brien of Borgelt, Powell, Peterson & Frauen, S.C. of Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of James R. Clark and Kevin P. Whaley of Foley & Lardner of Milwaukee.

On behalf of the defendants-respondents-cross appellants, the cause was submitted on the brief of Michael Ash, Michael B. Apfeld, and Mark J. Backe of Godfrey & Kahn, S.C. of Milwaukee.

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


ANDERSON, J.

Estella M. Miller and others appeal from a summary judgment dismissing Bristol-Myers Company from a personal injury action resulting from injuries Miller sustained while employed at Medical Engineering Corporation (MEC). MEC is a whollyowned subsidiary of Bristol-Myers. The trial court dismissed Bristol-Myers under the worker's compensation immunity provision. Section 102.03(2), Stats. The trial court also dismissed all cross-claims against Bristol-Myers...

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