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WESTPHAL v. E.I. DU PONT DE NEMOURS

No. 93-2493.

192 Wis.2d 347 (1995)

531 N.W.2d 386

Denise WESTPHAL, Plaintiff-Appellant, HOME INSURANCE COMPANY, Involuntary-Plaintiff, v. E.I. DU PONT DE NEMOURS & COMPANY, INC., a foreign corporation, Defendant-Respondent, DOW CORNING CORPORATION, a foreign corporation, Vitek, Inc., St. Paul Fire & Marine Ins., Co., a foreign insurance corporation, Steven Sewall, D.D.S., Eugene Messer, D.D.S., Defendants, Joseph LITOW, D.D.S., Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided March 2, 1995.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of and oral argument by Raymond E. Schrank, II of Cannon & Dunphy, S.C. of Milwaukee.

For the defendant-respondent, E.I. du Pont de Nemours & Co., Inc., the cause was submitted on the briefs of Richard A. Hollern of Stafford, Rosenbaum, Rieser & Hansen of Madison, Ross F. Schmucki of E.I. du Pont de Nemours & Co., Inc. of Willmington, Delaware, and Barry Fish, Edward M. Mansfield and Bret A. Maidman of Lewis & Roca of Phoenix, Arizona, and orally argued by Richard A. Hollern and Edward M. Mansfield.

For the defendant-respondent, Joseph Litow, D.D.S., the cause was submitted on the brief of Paul R. Erickson and Colleen M. Fleming of Cutglass, Erickson & Bonville, S.C. of Milwaukee, and orally argued by Paul R. Erickson.

For the plaintiff-appellant, an amicus curiae brief was submitted by David M. Skoglind of the Wisconsin Academy of Trial Lawyers of Milwaukee.

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

DYKMAN, J.

Denise Westphal appeals from judgments granting summary judgment motions by E.I. du Pont de Nemours & Company, Inc., and Dr. Joseph Litow, dismissing her complaint. Westphal argues the trial court erred in concluding, as a matter of law, that du Pont was not responsible for her injuries under theories of strict liability and negligence. Westphal alleges she was injured by Teflon1 supplied by du Pont and contained in a temporomandibular...

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