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LINVILLE v. CITY OF JANESVILLE

No. 91-1099.

174 Wis.2d 571 (1993)

David William LINVILLE, Sr., and Estate of David Linville, Jr., Plaintiffs-Appellants, v. CITY OF JANESVILLE, David Moore, Gary Myers, Paul Bloom, Stephen Dorsey, Wes Meacham, Dennis Witek, Kenneth Bollinger, Arthur Stearns, Larry Grorud, The City's & Village's Mutual Insurance Company, ABC Fireman DEF Policemen, GHI Paramedics, XYZ Insurance Company, and QQQ Insurance Company, Defendants-Respondents. Kelly C. LINVILLE, and CPC Greenbrier Hospital, Plaintiffs-Appellants, v. CITY OF JANESVILLE, Paul Bloom, Dennis Witek, Kenneth Bollinger, Larry Grorud, Stephen Dorsey, Wes Meacham, Arthur Stearns, The City's & Village's Mutual Insurance Company, XYZ Insurance Company, and QQQ Insurance Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided February 25, 1993.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the brief of Michael E. McMorrow of Michael E. McMorrow Law Office of Elm Grove.

For the defendants-respondents the cause was submitted on the brief of Thomas J. Basting, Sr. and Margery M. Tibbetts of Brennan, Steil, Basting & MacDougall, S.C. of Janesville.

Before Gartzke, P. J., Dykman and Sundby, JJ.

GARTZKE, P.J.

The plaintiffs appeal from summary judgment dismissing their complaints in two actions brought against the City of Janesville, city fire chief, deputy fire chief, a fire department shift commander and four city paramedics. In mid-November 1988, David Linville, Jr., then four years old, drowned in a city park open to the public. After the paramedics extricated David from the submerged van in which he was a...

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