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POPPY v. MUEHLENBERG

No. 97-0822-FT.

215 Wis.2d 58 (1997)

571 N.W.2d 914

Nicole POPPY, by her Guardian ad Litem, John C. Cabaniss and Blue Cross and Blue Shield United of Wisconsin, Plaintiffs, v. Thomas MUEHLENBERG, National School Bus Service, Inc., a Delaware corporation and National Union Fire Insurance Company of Pittsburgh, Defendants-Third Party Plaintiffs-Appellants, Maggie KRIESE, by her Guardian ad Litem, Jeffrey Kriese, ABC Insurance Company and DEF Insurance Company, Third Party Defendants, AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Third Party Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided November 4, 1997.

Attorney(s) appearing for the Case

On behalf of the defendants-third party plaintiffs-appellants, the cause was submitted on the briefs of Paul J. Pytlik of Otjen, Van Ert, Stangle, Lieb & Weir, S.C. of Milwaukee.

On behalf of the third party defendant-respondent, the cause was submitted on the brief of Timothy J. Pike of Peterson, Johnson & Murray, S.C. of Milwaukee.

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

WEDEMEYER, P.J.

Thomas Muehlenberg, National School Bus Service, Inc. and National Union Fire Insurance Company appeal from the trial court's summary judgment in favor of American Family Mutual Insurance Company. The issue is whether Maggie Kriese, a child riding a school bus, was using or operating the bus within the meaning of a homeowner's insurance policy issued to her parents when she stepped on the brake pedal causing the bus to come to an abrupt halt. We conclude...

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