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TRANSPORTATION INS. CO. v. HUNZINGER CONST. CO.

No. 92-2349.

179 Wis.2d 281 (1993)

507 N.W.2d 136

TRANSPORTATION INSURANCE COMPANY, INC., Donald Kind and Fran Kind, Plaintiffs-Respondents, v. HUNZINGER CONSTRUCTION COMPANY, a domestic corporation, the Aetna Casualty & Surety Company, Vigilant Insurance Company, Cesarz Company, Inc., and ABC Insurance Company, Defendants-Appellants, v. SCHROEDER & HOLT ARCHITECTS, LTD., a domestic corporation, and Howard Schroeder, individually, Defendants-Respondents, IGLINSKI, INC., and West Bend Mutual Insurance Company, Defendants.

Court of Appeals of Wisconsin.

Decided September 14, 1993.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Stuart F. Roitburd of Law Offices of John J. Spindler, of Brookfield.

On behalf of the defendants-respondents, the cause was submitted on the briefs of David M. Quale and Jeralyn B. Wendelberger of Quale, Feldbruegge, Calvelli, Thom & Croke, S.C., of Milwaukee.

On behalf of the plaintiffs-respondents, the cause was submitted on the briefs of Victor C. Harding of Warshafsky, Rotter, Tarnoff, Gesler, Reinhardt & Bloch, S.C., of Milwaukee.

Before Wedemeyer, P.J., Sullivan and Fine, JJ.

FINE, J.

This is an appeal from the trial court's grant of summary judgment dismissing cross-claims against an architectural firm and one of its employees. We affirm.

[I]

Donald Kind brought this action to recover for injuries he received while working at the Northridge Plaza Shopping Center in April of 1990. According to his second amended complaint, he "was removing cement plaster soffit from the canopy of the shopping

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