MILLER v. THOMACK

Nos. 95-1684, 95-1766.

210 Wis.2d 650 (1997)

563 N.W.2d 891

Rhonda MILLER, Richard Miller and Kay Miller, Plaintiffs-Appellants, v. Craig J. THOMACK, Defendant, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a foreign corporation, Defendant-Co-Appellant, James D. THOMACK, ABC Insurance Company, as insurer of James Thomack, Michelle Melberg, DEF Insurance Company, as insurer of Michelle Melberg, Defendants, Kimberly RANSOM, Defendant-Respondent-Petitioner, FIRE INSURANCE EXCHANGE, Defendant-Petitioner, Kurt D. PAMPERIN, Sr., Kurt Pamperin, Jr., United Fire & Casualty Company, a foreign corporation, Waupaca County, as agent for the State of Wisconsin, Brian Clary, GHI Insurance, as insurer of Brian Clary, John Doe, Susan Roe, Defendants, Karen MILLER, Defendant-Respondent-Petitioner, NOP INSURANCE, as insurer of Karen Miller, Defendant, Craig J. THOMACK, Third Party Plaintiff-Co-Appellant, James D. THOMACK, Third Party Plaintiff, Jason BEATTIE, Third Part Defendant-Respondent, Lee BEATTIE, Carol Beattie and KLM Insurance Company, as insurer of Jason Beattie, Lee Beattie and Carol Beattie, Third Party Defendants. Rhonda MILLER, Richard Miller and Kay Miller, Plaintiffs-Respondents, v. Craig J. THOMACK, Defendant-Appellant, STATE FARM MUTUAL AUTOMOBILE, James D. Thomack, ABC Insurance Company, Michell Melberg, DEF Insurance Company, Kimberly Ransom, Fire Insurance Exchange, Waupaca County, Brian Clary, GHI Insurance Company, John Doe, Susan Roe, Karen Miller, and NOP Insurance Company, Defendants. Craig J. THOMACK and James D. Thomack, Third Party Plaintiffs, Kurt D. PAMPERIN, Sr., Kurt Pamperin, Jr. and United Fire & Casualty Company, Defendants-Appellants, Jason BEATTIE, Lee Beattie, Carol Beattie, and KLM Insurance Company, an insurer of Jason Beattie, Lee Beattie and Carol Beattie, Third Party Defendants.

Supreme Court of Wisconsin.

Decided June 13, 1997.


Attorney(s) appearing for the Case

For the defendant-respondent-petitioner, Kimberly Ransom & defendant-petitioner, Fire Insurance Exchange, there were briefs by George F. Savage and Everson, Whitney, Everson & Brehm, S.C., Green Bay, and oral argument by George F. Savage.

For the defendant-respondent-petitioner, Karen Miller, there was a brief by Chirstopher R. Bandt, William R. Wick and Nash, Spindler, Dean & Grimstad, Manitowoc and oral argument by Tom Rusboldt.

For the plaintiffs-appellants, Rhonda Miller, Richard Miller & Kay Miller, there was a brief by Peter S. Nelson, Robert N. Duimstra and Menn, Nelson, Sharratt, Teetaert & Beisenstein, Ltd., Appleton and oral argument by Peter S. Nelson.


¶ 1. SHIRLEY S. ABRAHAMSON, CHIEF JUSTICE.

This is a review of a published decision of the court of appeals reversing on order of the Circuit Court for Waupaca County, Philip M. Kirk, Judge.1 The circuit court granted the motions for summary judgment of Karen Miller, Kimberly Ransom and Jason Beattie2 and their insurers (hereafter the defendants), holding that...

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