DOERING v. WEA INS. GROUP

No. 93-3386.

193 Wis.2d 118 (1995)

532 N.W.2d 432

Alexandria DOERING, Jason Doering, John H. Priebe, Guardian ad Litem for minor plaintiffs, Jason Doering and Troy Doering and Kersten A. Schmelzer, a person under a disability by her general guardian, Attorney Curtis M. Kirkhuff, Plaintiffs-Respondents, v. WEA INSURANCE GROUP and Wisconsin Physicians Service Health Insurance, Nominal Plaintiffs, v. Thomas J. STAMPER, Linda J. Stamper, Alias Insurance Company No. 1, and Alias Insurance Company No. 2, Defendants, Deanne J. VON ARX, d/b/a Alpine Bar & Resort and Scott A. Meland, Defendants-Appellants.

Supreme Court of Wisconsin.

Decided May 31, 1995.


Attorney(s) appearing for the Case

For the defendants-appellants there were briefs (in the Court of Appeals) by Mark P. Wendorff, Wausau and oral argument by Mark P. Wendorff.

For the plaintiffs-respondents there was a brief (in the Court of Appeals) by James A. Johnson and Johnson, Houlihan, Paulson & Priebe, S.C., Rhinelander.

For the plaintiffs-respondents, Kersten A. Schmelzer & Curtis M. Kirkhuff, there was a brief (in the Court of Appeals) by Curtis M. Kirkhuff and Pellino, Rosen, Mowris & Kirkhuff, S.C., Madison and oral argument by Susan Blesener.

Amicus curiae brief was filed by David M. Skoglind, counsel, Milwaukee for the Wisconsin Academy of Trial Lawyers.

Amicus curiae brief was filed by Barry L. Chaet, Katherine L. Williams and Beck, Chaet, Loomis, Molony & Bamberger, S.C., Milwaukee for the Wisconsin Restaurant Association, The Bowling Proprietors of Wisconsin, Inc. and The Wisconsin Innkeepers Association.

Amicus curiae brief was filed by Steven C. Brist, counsel, Madison for The Tavern League of Wisconsin, Inc.

Amicus curiae brief was filed by W. Barton Chapin and Riordan, Crivello, Carlson, Mentkowski & Steeves, Milwaukee for the Civil Trial Counsel of Wisconsin.

Amicus curiae brief for the Attorney General was filed by Charles D. Hoornstra, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.


SHIRLEY S. ABRAHAMSON, J.

The defendants appeal from an order of the circuit court for Oneida County, Mark A. Mangerson, circuit judge, refusing to grant the defendants' motion to dismiss the complaint. The court of appeals granted the defendants' petition for leave to appeal a nonfinal order. We granted plaintiff Schmelzer's petition to bypass the court of appeals. Section (Rule) 809.60, Stats. 1991-92.

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