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WESTLUND v. WERNER CO.

No. 95-C-907-C.

971 F.Supp. 1277 (1997)

Carl WESTLUND and Bernadine Westlund, Plaintiffs, and Donna Shalala, Secretary of Department of Health and Human Services Office of General Counsel and Community Financial and Insurance Corporation, Subrogated Plaintiffs, v. WERNER CO. and Manufacturers Indemnity and Insurance Company of America, Defendants.

United States District Court, W.D. Wisconsin.

July 15, 1997.

Attorney(s) appearing for the Case

Kirtt E. Godager, Coyne, Niess, Schultz, Becker & Baue, Madison, WI, for Carl Westlund, Bernadine Westlund.

Mark A. Cameli, Asst. U.S. Atty., Madison, WI, for Donna Shalala.

Donald P. O'Meara, Mitchell, Baxter, O'Meara & Mathie, Milwaukee, WI, for Community Financial and Ins. Corp.

Allen C. Schlinsog, Jr., Kravit, Gass & Weber, S.C., Milwaukee, WI, for Werner Co., Manufacturers Indem. and Ins. Co. of America.

OPINION AND ORDER

CRABB, District Judge.

Plaintiff Carl Westlund was injured when a ladder that he was using collapsed and he fell to the ground. Westlund and his wife, Bernadine Westlund, filed this civil action against defendant Werner Co., the manufacturer of the ladder, and its insurer, Manufacturers Indemnity and Insurance Company of America, alleging that Werner Co. was negligent in designing the ladder and strictly liable for Mr. Westlund's injuries...

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