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HAKE v. ZIMMERLEE

No. 91-2675.

178 Wis.2d 417 (1993)

504 N.W.2d 411

Patricia A. HAKE, Plaintiff-Appellant, TRAVELERS INDEMNITY COMPANY, Subrogated-Plaintiff, v. Patricia ZIMMERLEE, Allstate Insurance Company and Heritage Mutual Insurance Company, Defendants-Respondents, Susan B. CONRAD, and American Family Mutual Insurance Company, Defendants.

Court of Appeals of Wisconsin.

Decided July 27, 1993.

Attorney(s) appearing for the Case

For plaintiff-appellant the cause was submitted on the briefs of Donald Roy Fraker of Starobin & Associates, S.C., of Thiensville.

For defendants-respondents Patricia Zimmerlee and Allstate Insurance Company the cause was submitted on the briefs of James J. Kriva and John E. Cain of Kasdorf, Lewis & Swietlik, S.C., of Milwaukee.

For defendants-respondents Patricia Zimmerlee and Heritage Mutual Insurance Company the cause was submitted on the briefs of Charles H. Bohl and Erika T. Flierl of Frisch Dudek, Ltd., of Milwaukee.

Before Sullivan, Fine and Schudson, JJ.

SULLIVAN, J.

Patricia Hake appeals from a summary judgment dismissing her personal injury action against coemployee Patricia Zimmerlee. The sole issue on appeal is whether the trial court properly granted summary judgment based on its conclusion that Hake could not maintain an action against her coemployee under sec. 102.03(2), Stats. We conclude that the trial court properly granted summary judgment.

The undisputed facts show that on June 11, 1987, while...

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