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CUMMINGS v. KLAWITTER

No. 92-1172.

179 Wis.2d 408 (1993)

506 N.W.2d 750

Shad A. CUMMINGS, and Brent W. Cummings, a minor, by his guardian, Debra Cummings, Plaintiffs-Appellants, v. Melissa A. KLAWITTER, United Security Insurance Company, Defendants, HARCO NATIONAL INSURANCE COMPANY, Defendant-Respondent, GENERAL CASUALTY COMPANY OF WISCONSIN, Defendant.

Court of Appeals of Wisconsin.

Decided September 23, 1993.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Richard J. Rathjen of Kubasta, Rathjen, Murach & Bickford of Wautoma.

For the defendant-respondent the cause was submitted on the brief of Patrick R. Russell of Otjen, Van Ert, Stangle, Lieb & Weir, S.C. of Milwaukee.

For the Wisconsin Academy of Trial Lawyers an amicus curiae brief was submitted by D. J. Weis of Johnson, Weis, Paulson & Priebe, S.C. of Rhinelander.

Before Eich, C.J., Gartzke, P.J., and Dykman, J.

DYKMAN, J.

Shad and Brent Cummings appeal from an order distributing the settlement of an action for the wrongful death of their father, Rodger Cummings. The issues are: (1) whether the appellants had stipulated that all proceeds were subject to the allocation formula found in sec. 102.29(1), Stats.,1 and that Harco National Insurance Company, the worker's compensation carrier for Rodger's employer...

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