SEDBROOK v. ZIMMERMAN DESIGN GROUP, LTD.

No. 93-2135.

190 Wis.2d 14 (1994)

526 N.W.2d 758

Clarence SEDBROOK, Carol Sedbrook, Sara Sedbrook, a minor; and Connecticut Indemnity Co., Plaintiffs-Appellants, v. ZIMMERMAN DESIGN GROUP, LTD., f/k/a Brust & Brust Architects, Continental Casualty Company/CNA Insurance, Defendants-Co-Appellants, MITCHELL, PACE & ASSOCIATES, INC., f/k/a J. M. Mitchell Products Co., Inc., EG&G, Inc., and Van Noorden Company, Inc., Defendants-Respondents, ROHM & HAAS COMPANY, Defendant-Third Party Plaintiff-Co-Appellant, E. VAN NOORDEN COMPANY, Defendant, LIBERTY MUTUAL INSURANCE COMPANY, Third Party Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided December 1, 1994.


Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of James J. Kriva and Patti J. Kurth of Kasdorf, Lewis & Swietlik, S.C. of Milwaukee.

For the defendants-co-appellants the cause was submitted on the briefs of W. Wayne Siesennop, Michael Aldana, and M. Susan Maloney of Godfrey, Braun & Hayes of Milwaukee.

For the defendant-third party plaintiff-co-appellant the cause was submitted on the briefs of Richard K. Nordeng of Stafford, Rosenbaum, Rieser & Hansen of Madison.

For the defendant-respondent Mitchell, Pace & Associates, Inc., the cause was submitted on the brief of Frank A. Scherkenbach, Russell A. Klingaman, and Jeffrey S. Fertl of Hinshaw & Culbertson of Milwaukee.

For the defendants-respondents EG&G, Inc., and Van Noorden Company, Inc., and third party defendant-respondent Liberty Mutual Ins. Co., the cause was submitted on the brief of Steven C. Zach of Boardman, Suhr, Curry & Field of Madison.

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


EICH, C.J.

This is a products liability action in which the plaintiffs and certain defendants appeal from a summary judgment dismissing two defendants from the action: the successor corporation to the original manufacturer of the allegedly defective product and the product's distributor.

The questions presented for review are: (1) whether the successor corporation assumed its predecessor's strict-liability obligations...

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