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NINAUS v. STATE FARM MUT. AUTOMOBILE INS. CO.

No. 97-0191.

220 Wis.2d 869 (1998)

584 N.W.2d 545

Alma NINAUS, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Badger Mutual Insurance Company, American Family Mutual Insurance Company and Acro Automation Systems, Inc., Defendants, Julie RADISH, Defendant-Third-Party Plaintiff-Respondent, v. WAL-MART STORES, INC., Associates Health & Welfare Plan, Third-Party Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 14, 1998.

Attorney(s) appearing for the Case

On behalf of the third party defendant-appellant, the cause was submitted on the briefs of Richard P. Carr and Colleen D. Ball of Reinhart, Boerner, Van Deuren, Norris & Rieselbach, S.C., of Milwaukee. There was oral argument by Colleen Ball.

On behalf of the defendant-third party plaintiff-respondent, the cause was submitted on the brief of Edward E. Robinson, of Warshafsky, Rotter, Tarnoff, Reinhardt & Bloch, S.C., of Milwaukee. There was oral argument by Edward E. Robinson.

Before Wedemeyer, P.J., Schudson and Myse, JJ.

SCHUDSON, J.

Wal-Mart Stores, Inc., Associates Health & Welfare Plan (Wal-Mart) appeals from the judgment determining its subrogation rights with respect to medical payments made on behalf of Julie Radish. Wal-Mart argues that the trial court erred in concluding: (1) that it was not entitled to subrogated recovery of its payments for Radish's 1994 medical costs; and (2) that the subrogated amount it was entitled to recover for Radish's 1995 medical costs was subject...

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