KINNICK v. SCHIERL, INC.

Nos. 93-1784, 93-2727.

197 Wis.2d 855 (1995)

541 N.W.2d 803

Ronald and Jeanna KINNICK, Glenn and Candy Czaikowski, Ruth Lish; Lucille Stodola, Art and Ethel Gregg, Duane Hamm, Eugene and Diane Hollar, and Marvin, Barb and Amy Lynn Krayecki, Plaintiffs, v. SCHIERL, INC., f/k/a Schierl Oil and Heating, Inc., Defendant-Third Party Defendant-Co-Appellant, WISCONSIN CENTRAL, LTD., Defendant-Third Party Plaintiff-Appellant, David SEIDL, d/b/a East Side Service, a/k/a East Side Auto, David Draxler, d/b/a East Side Auto, Defendants, MINNEAPOLIS, ST. PAUL AND SAULT STE. MARIE RAILWAY Co., Defendant-Third Party Plaintiff-Appellant, RURAL MUTUAL INSURANCE COMPANY, Defendant, GRINNELL MUTUAL REINSURANCE COMPANY, Integrity Mutual Insurance Company, Defendants-Respondents, SENTRY INSURANCE, a mutual company, and General Casualty Company of Wisconsin, Defendants, David SEIDL, d/b/a East Side Service, a/k/a East Side Auto, Third Party Plaintiff-Respondent, Dave DRAXLER, d/b/a East Side Auto of Milladore, Third Party Defendant-Appellant, SENTRY INSURANCE, a mutual company, Third Party Plaintiff, HUGHES SERVICE, INC., ABC Insurance Company, Charles Kramer, Rural Mutual Insurance Company, a Wisconsin mutual insurance company, John Le Savage, DEF Insurance Company, Brian Heeg, d/b/a Heeg Drilling, GHI Insurance Company, Rudolph Ullman, JKL Insurance Company, Ronald Brock d/b/a Brock Implement, MNO Insurance Company, David Willfahrt; Willfahrt Trucking, Inc., PQR Insurance Company, and General Casualty Company of Wisconsin, a Wisconsin insurance corporation, Joseph Malik f/d/b/a Milladore Oil Company, Leonard Hartl, f/d/b/a Auburndale Oil Company, Anthony Lobner, Michael Clark, Glen Seidl, d/b/a Eastside Service, a/k/a East-side Auto, and General Casualty Insurance Company, Third Party Defendants, Fred BAILEY, Third Party Defendant-Respondent. Ronald and Jeanna KINNICK, Glenn and Candy Czaikowski, Ruth Lish; Lucille Stodola, Art and Ethel Gregg, Duane Hamm, Eugene and Diane Hollar, and Marvin, Barb and Amy Lynn Krayecki, Plaintiffs, v. SCHIERL, INC., f/k/a Schierl Oil and Heating, Inc., Defendant-Third Party Defendant-Appellant, WISCONSIN CENTRAL, LTD., Defendant-Third Party Plaintiff-Co-Appellant, David SEIDL, d/b/a East Side Service, a/k/a East Side Auto, David Draxler, d/b/a East Side Auto, Defendants, MINNEAPOLIS, ST. PAUL AND SAULT STE. MARIE RAILWAY Co., Defendant-Third Party Plaintiff-Co-Appellant, RURAL MUTUAL INSURANCE COMPANY, Defendant, GRINNELL MUTUAL REINSURANCE COMPANY, Defendant-Respondent, INTEGRITY MUTUAL INSURANCE COMPANY, Sentry Insurance, a mutual company, and General Casualty Company of Wisconsin, Defendants, David SEIDL, d/b/a East Side Service a/k/a East Side Auto, Sentry Insurance, a mutual company, Third Party Plaintiffs, HUGHES SERVICE, INC., ABC Insurance Company, Charles Kramer, Rural Mutual Insurance Company, a Wisconsin mutual insurance company, John Le Savage, DEF Insurance Company, Brian Heeg, d/b/a Heeg Drilling, GHI Insurance Company, Rudolph Ullman, JKL Insurance Company, Ronald Brock, d/b/a Brock Implement, MNO Insurance Company, David Willfahrt; Willfahrt Trucking, Inc., PQR Insurance Company, and General Casualty Company of Wisconsin, a Wisconsin insurance corporation, Joseph Malik f/d/b/a Milladore Oil Company, Leonard Hartl, f/d/b/a Auburndale Oil Company, Anthony Lobner, Michael Clark, Glen Seidl, d/b/a Eastside Service, a/k/a East-side Auto, General Casualty Insurance Company, and Fred Bailey, Third Party Defendants.

Court of Appeals of Wisconsin.

Decided October 26, 1995.


Attorney(s) appearing for the Case

For the defendant-third party plaintiff-appellant, Wisconsin Central, Ltd. and Minneapolis, St. Paul and Sault Ste. Marie Railway Co., the cause was submitted on the brief of Jake M. Holdreith of Oppenheimer, Wolff & Donnelly of St. Paul, MN., and for the defendant-third party defendant-co-appellant, Schierl, Inc. f/k/a Schierl Oil and Heating, Inc., the cause was submitted on the brief of Winston A. Ostrow of Godfrey & Kahn, S.C. of Green Bay, WI.

For the third party defendant-appellant, David Draxler d/b/a East Side Auto of Milladore, the cause was submitted on the brief of Leon S. Schmidt, Jr. of Schmidt, Thibodeau & Grace of Wisconsin Rapids, WI.

For the third party plaintiff-respondent, David Seidl d/b/a East Side Service a/k/a East Side Auto, the cause was submitted on the brief of George A. Richards and Paul E. David of Patterson, Richards, Hessert, Wendorff & Ellison of Wausau, WI.

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


GARTZKE, P.J.

Schierl, Inc., Wisconsin Central, Ltd., and Sault Ste. Marie Railway Co. appeal from a summary judgment dismissing their cross-claims against David Seidl. Plaintiffs Ronald and Jeanna Kinnick and others brought the underlying action, alleging that the appellants are responsible for contaminants in the water wells on the plaintiffs' properties. Appellants cross-claimed against Seidl for contribution, alleging that he is also responsible for the contaminants...

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