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BEYAK v. NORTH CENTRAL FOOD SYSTEMS, INC.

No. 97-1221-FT.

215 Wis.2d 64 (1997)

571 N.W.2d 912

Jean P. BEYAK, Plaintiff-Appellant, v. NORTH CENTRAL FOOD SYSTEMS, INC., Maryland Casualty Company and James Phillips, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided November 4, 1997.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the brief of Brad S. Swanson of Marcovich, Cochrane & Milliken of Superior.

On behalf of the defendants-respondents, the cause was submitted on the brief of Robin C. Merritt of Hanft, Fride, O'Brien, Harries, Swelbar & Burns, P.A. of Duluth, Minn.

Before Cane, P.J., Myse, and Hoover, JJ.

HOOVER, J.

Jean Beyak appeals a judgment dismissing his negligence claim against North Central Food Systems, Inc. (Hardees).1 On appeal, Beyak asserts that the trial court erred by granting summary judgment because a genuine issue of material fact existed as to whether Hardees breached its duty to protect its patrons from negligent or intentional actions of third parties. We agree and therefore reverse and remand.

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