MARKWEISE v. PECK FOODS CORP.

No. 94-2285.

205 Wis.2d 208 (1996)

556 N.W.2d 326

(93-CV-006741) Daniel MARKWEISE, Bonnie Markweise, individually and as Guardian for Steven Douglas Raymond Pallo and Wayne Murphy, Plaintiffs-Respondents, v. PECK FOODS CORPORATION and Northbrook Property and Casualty Insurance, Defendants, CITY OF MILWAUKEE and City of Milwaukee Department of Public Works, Defendants-Appellants. (93-CV-012419) Darin GAINES, William Lorenzen, Elaine Forster, Herb Faude, Robert Zokan, Luann Emanuele, Carlo Emanuele, and for their minor child Joseph Emanuele, minor, Joseph Zaborski and all other persons similarly situated, Plaintiffs-Respondents, v. CITY OF MILWAUKEE and Department of Public Works, Defendants-Appellants, STATE of Wisconsin, Howard Avenue Water Purification Plant, Water Department and Common Council, Defendants. (93-CV-013851) Julette M. MURPHY, Plaintiff-Respondent, v. CITY OF MILWAUKEE, Defendant-Appellant. (93-CV-013852) James J. RUDEK, as Special Administrator for The Estate of Sophia Rudek, Plaintiff-Respondent, v. CITY OF MILWAUKEE, Defendant-Appellant. (93-CV-015946) Earl L. DAVIS, Christella Evans, Rita Cumi Coulter and Latissha Coulter, Plaintiffs-Respondents, v. CITY OF MILWAUKEE, Defendant-Appellant. (94-CV-000370) Connie MAHOS, Plaintiff-Respondent, v. CITY OF MILWAUKEE, Defendant-Appellant. (94-CV-004783) Gloria BOWIE, Plaintiff-Respondent, v. CITY OF MILWAUKEE, Defendant-Appellant, Donna SHALALA, Secretary of the Department of Health and Human Services, Defendant. (94-CV-005844) Darlene QUANDT, Colleen Bornemann, individually and as Guardian of Bridget Bornemann, Corrine Dotz, Susan Galioto, Mavis Ornelas, James Marcou, Kathleen Mitby, Margaret Heddleson, Kenneth Scott, Shirley Terlizzi, Timothy Nelson, individually and as Guardian of Matthew Nelson, Kevin Corcoran, Robert Jaeger, Keith Kaufman, Beverly Swanson, Nancy Lepre, Trisha Urbanski, George Mlinar, Kim Kendziora, individually and as Guardian of Shawn Kendziora, Donald Gieryn, Rick Kroboth, James Sciano, Jon Stanczyk, Joseph Kehrer, Lisa Ranz, Sandra Kay, Mark Shepard, Thomas Mitchell, Georgia Mueller, Donna Kukla, Albert Fell, Jill Goodavish, Tracy Hunley, Linda Caraway, Erik Rentmeester, Alan Bertolas, Thomas Browne and Louise Noyes, Plaintiffs-Respondents, v. NORTHBROOK PROPERTY AND CASUALTY INSURANCE COMPANY, Peck Foods Corporation, City of Wauwatosa, a municipal corporation, City of West Allis, a municipal corporation, Village of Hales Corners, a municipal corporation, City of New Berlin, a municipal corporation, City of St. Francis, a municipal corporation, Village of Greendale, a municipal corporation, and The Grand Milwaukee Hotel, Defendants, CITY OF MILWAUKEE, a municipal corporation, GENERAL CHEMICAL CORPORATION, Defendant-Co-Appellant. (94-CV-006765) Sandra STROHKIRCH and Dennis Strohkirch, her husband, Plaintiffs-Respondents, PRIMECARE HEALTH PLAN, INC., a Wisconsin Health Maintenance Organization, Involuntary Plaintiff, v. PECK FOODS CORPORATION and Northbrook Property and Casualty Insurance Company, a foreign fire and casualty company, Defendants, CITY OF MILWAUKEE, a municipal corporation and City of Milwaukee Department of Public Works, Defendants-Appellants. (94-CV-006767) James P. GREENWOOD, Plaintiff-Respondent, BLUE CROSS & BLUE SHIELD UNITED OF WISCONSIN, a Wisconsin Blue Plan, Involuntary Plaintiff, v. PECK FOODS CORPORATION and Northbrook Property and Casualty Insurance Company, a foreign fire and casualty company, Estate of Julie A. Drews, by Janet G. Drews and Janet G. Drews, mother of Julie A. Drews, Plaintiffs-Respondents, v. A & H ADMINISTRATORS, Involuntary-Plaintiff, v. PECK FOODS CORPORATION and Northbrook Property and Casualty Insurance Company, Defendants, CITY OF MILWAUKEE, a municipal corporation and City of Milwaukee Department of Public Works, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided July 23, 1996.


Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Grant F. Langley, city attorney, of Milwaukee, and Frank L. Steeves of Crivello, Carlson, Mentkowski & Steeves, S.C., of Milwaukee. There was oral argument by Frank L. Steeves.

On behalf of the defendant-co-appellant, the cause was submitted on the briefs of Frank J. Daily and Christopher H. Kallaher of Quarles & Brady, of Milwaukee. There was oral argument by Christopher H. Kallaher.

On behalf of the defendant-respondent Northbrook Property and Casualty Insurance Company, the cause was submitted on the briefs of Michael W. Morrison of Tressler, Soderstrom, Maloney & Priess, of Chicago; and Dennis L. Fisher of Meissner & Tierney, S.C., of Milwaukee.

On behalf of the plaintiffs-respondents, the cause was submitted on the briefs of Lawrence Walner, James B. Goldberg, and Kristi L. Browne of Lawrence Walner & Assoc., Ltd., of Chicago; Richard J. Steinberg of Steinberg Law Offices, of Brookfield; Michael P. Cascino and Robert McCoy of Cascino Vaughan Law Offices, of Chicago; and Michael A. Pollack of Cascino Vaughan Law Offices, of Milwaukee. There was oral argument by Kristi L. Browne and Lawrence Walner.

Amicus Curiae brief was filed by Kent I. Carnell and James A. Olson of Lawton & Cates, S.C., of Madison, for the Wisconsin Academy of Trial Lawyers.

Before Wedemeyer, P.J., Fine and Schudson, JJ.


FINE, J.

This is an interlocutory appeal by the City of Milwaukee and General Chemical Corporation from an order entered by the trial court certifying as a class under RULE 803.08, STATS., all persons who claim or who may claim before these cases are concluded to have been injured by the cryptosporidium infestation of some of Milwaukee's drinking water in 1993.1 The City argues that the certification order's inclusion of those claimants...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases