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HANSEN v. NEW HOLLAND NORTH AMERICA, INC.

No. 97-0900.

215 Wis.2d 655 (1997)

574 N.W.2d 250

John HANSEN and Lucille Hansen, Plaintiffs-Petitioners-Appellants-Cross-Respondents, ATRIUM HEALTH PLAN, INC. f/k/a HMO Midwest, a Wisconsin insurance corporation, Involuntary-Plaintiff, v. NEW HOLLAND NORTH AMERICA, INC., f/k/a Ford New Holland, Inc., Defendants-Respondents-Cross-Appellants, WAUGHTAL IMPLEMENT SALES, INC., a Wisconsin corporation and Federated Mutual Ins. Co., a foreign insurance corporation, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided December 16, 1997.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-petitioners-appellants-cross-respondents, the cause was submitted on the briefs of Lynn R. Laufenberg and Cannon & Dunphy, S. C. of Brookfield.

On behalf of the defendant-respondent-cross-appellant, the cause was submitted on the brief of Eric J. Magnuson and Stephen K. Warch and Rider, Bennett, Egan & Arundel, LLP of Minneapolis, MN.

On behalf of defendants-respondents, the cause was submitted on the brief of William M. Hart, Michael D. Hutchens and Joseph W.E. Schmitt and Meagher & Geer, P.L.L.P. of Minneapolis, MN.

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

HOOVER, J.

This is a products liability/negligence case. John and Lucille Hansen appeal a summary judgment dismissing their initial entanglement claim against the manufacturer of a hay baler, New Holland North America, and their initial injury and enhanced injury claims against the seller of the machine, Waughtal Implement Sales, Inc. The Hansens assert the trial court erred by (1) concluding that John confronted an open and obvious danger, which incorrectly formed...

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