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RAUCH v. OFFICINE CURIONI, S.P.A.

No. 92-3105-FT.

179 Wis.2d 539 (1993)

508 N.W.2d 12

Jean and Vernon RAUCH, Employers Mutual Casualty Company and Conservco, Constitution Service Company, Plaintiffs-Appellants, v. OFFICINE CURIONI, S.P.A. and AA Insurance Company (by fictitious name), Defendants, Therman ANDERSON and BB Insurance Company, (n/k/a Employers of Des Moines), Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided October 5, 1993.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Warshafsky, Rotter, Tarnoff, Gesler, Reinhardt & Bloch, S.C., with Victor C. Harding, of counsel, of Milwaukee.

For the defendants-respondents the cause was submitted on the briefs of Kasdorf, Lewis & Swietlik, S.C., with Terrance E. Davczyk and Michael S. Murray, of counsel, of Milwaukee.

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

SCHUDSON, J.

Jean and Vernon Rauch, Employers Mutual Casualty Company, and Conservco Inc. (collectively "Rauch"), appeal from a summary judgment in favor of Therman Anderson. The issue is whether the exclusive remedy provision of the Worker's Compensation Act, sec. 102.03(2), Stats., precludes Rauch's claim against Anderson, the owner/lessor of the boxmaking machine that allegedly caused Jean Rauch's injury during her employment at Badger Packaging Corporation ("Badger...

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