WEST BEND MUT. INS. CO. v. BERGER

No. 94-1512.

192 Wis.2d 743 (1995)

531 N.W.2d 636

(93 CV 346) WEST BEND MUTUAL INSURANCE COMPANY, Plaintiff, v. Genny BERGER, Defendant-Appellant, Jeff PLAUTZ, and Bob Matthews, Defendants-Respondents. (93 CV 352) Genny BERGER, Plaintiff-Appellant, v. Jeff PLAUTZ, and Bob Matthews, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided March 30, 1995.


Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of John L. Cates and Bruce M. Davey of Lawton & Cates, S.C. of Madison.

For the defendant-respondent, Bob Matthews, the cause was submitted on the brief of David R. Carlson of Carlson, Rogers & Owens of Portage.

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


DYKMAN, J.

Genny Berger appeals from summary judgments dismissing her tort claims against Bob Matthews and Jeff Plautz. Berger argues the trial court erred by determining that the exclusive remedy provision of the Worker's Compensation Act1 (WCA) precluded her tort claims. The trial court determined that Matthews's and Plautz's behavior did not constitute an assault intended to cause bodily...

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