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BIESE v. PARKER COATINGS, INC.

No. 98-1466.

223 Wis.2d 18 (1998)

588 N.W.2d 312

Daniel BIESE, the Checkered Flag Land and Building, Inc. and the Checkered Flag Sports Bar, Inc., Plaintiffs-Appellants, v. PARKER COATINGS, INC., Defendant-Third-Party Plaintiff-Respondent, v. Daniel BIESE, d/b/a Daniel Biese Construction Company, Third-Party Defendant.

Court of Appeals of Wisconsin.

Decided November 3, 1998.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Scott D. Metz of Krause, Metz & Snyder of Appleton.

On behalf of the defendant-third-party-plaintiff-respondent, the cause was submitted on the brief of Rod A. Charnholm and Jeffrey T. DeMeuse of Everson, Whitney, Everson & Brehm, S.C. of Green Bay.

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

CANE, C.J.

Daniel Biese, the Checkered Flag Land and Building Inc., and the Checkered Flag Sports Bar, Inc. (Biese) appeal a summary judgment dismissing their negligence action against Parker Coatings, Inc. Parker provided materials for the bar's epoxy floor, which did not perform as promised. Biese claims that the trial court erroneously applied the economic loss doctrine to bar its claim for the negligent provision of services. Because the predominant purpose of...

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