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MONSIVAIS v. WINZENRIED

No. 93-0157.

179 Wis.2d 758 (1993)

508 N.W.2d 620

Maria A. MONSIVAIS, Plaintiff-Respondent, v. Lester R. WINZENRIED, Ruby L. Winzenried, Margaret C. Winzenried, Michael W. Mittelstadt and Bonnie L. Mittelstadt-Berndt, Defendants-Appellants, KAVANAGH & DEMOCHEETZ COMPANY, Threshermen's Mutual Insurance Company, Walter F. Furrer, Donald Furrer, ABC Insurance Company, DEF Insurance Company, GHI Insurance Company, JKL Insurance Company, MNO Insurance Company, PQR Insurance Company, STU Insurance Company, VWX Insurance Company, and XYZ Insurance Company, Defendants.

Court of Appeals of Wisconsin.

Decided October 27, 1993.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Joseph J. Ferris of Kasdorf, Lewis & Swietlik, S.C. of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Steven J. Vatndal of de la Mora & de la Mora of Elm Grove and Daniel P. Murray of Love, Voss & Murray of Waukesha.

Before Anderson, P.J., Nettesheim and Snyder, JJ.

NETTESHEIM, J.

This is a wrongful death action brought by Maria A. Monsivais, the widow of Jose Monsivais. Maria based her action on Wisconsin's safe-place statute and common law negligence.

Jose Monsivais was found dead at the bottom of the basement steps at the K & D Tap in Waukesha. Maria sued both the operators of the tavern business and the owners of the tavern by building, alleging numerous safe-place violations and negligent acts related to the...

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