ANTWAUN A. v. HERITAGE MUT. INS. CO.

No. 97-0332.

228 Wis.2d 44 (1999)

596 N.W.2d 456

ANTWAUN A., a minor, by his Guardian ad Litem, Emmanuel L. Muwonge, Plaintiffs-Appellants, STATE of Wisconsin DEPARTMENT OF HEALTH & SOCIAL SERVICES and Racine County Department of Human Services, Plaintiffs, v. HERITAGE MUTUAL INSURANCE COMPANY, Defendant-Respondent, Ernestine HONEYCUTT, Truck Insurance Company, Cigna Insurance Company, Commercial Union Insurance Company, and Horace Mann Insurance Company, Defendants, Gene MATTHEWS a/k/a The Reverend Gene Matthews, State Farm General Insurance Co., Gerald H. Bassinger and Judith Bassinger, Secura Insurance, a mutual company, and Ziko Milicevic, Defendants-Third-Party Plaintiffs-Respondents, Ernie VETO d/b/a Racine Apartment Managers, State Farm Fire & Casualty Co., and Gerald Hoornstra, Defendants-Third-Party Plaintiffs, v. Maxine THOMAS, Roman Serembiczky, Carl R. Eisenman, John W. Carbonneau, Joe H. Halbur, Paulette A. Martini, and First Bank Southeast n/k/a Firstar Bank, a domestic corporation, and City of Racine, Third-Party Defendants.

Supreme Court of Wisconsin.

Decided July 9, 1999.


Attorney(s) appearing for the Case

For the plaintiff-appellant there was a brief by Emmanuel L. Muwonge and Muwonge & Associates, S.C., Milwaukee and oral argument by Emmanuel L. Muwonge.

For the defendant-respondent, Heritage Mutual, the cause was submitted on the brief of Arthur P. Simpson and Simpson & Deardorff, Milwaukee.

For the defendant-third-party plaintiff-respondent, Reverend Gene Matthews, there was a brief by Wayne M. Yankala, Karyn Gimbel Youso and Mingo & Yankala, S.C., Milwaukee and oral argument by Wayne M. Yankala.

For the defendants-third-party plaintiffs-respondents, Gerald & Judith Bassinger and State Farm General Insurance, there was a brief by Michael A. Mesirow, Thomas A. Cabush and Kasdorf, Lewis & Swietlik, S.C., Milwaukee and oral argument by Michael A. Mesirow.

For the defendants-third-party plaintiffs-respondents, Ziko Milicevic & Secura Insurance Company, there was a brief (in the court of appeals) by James T. Murray, Jr., Molly C. Feldbruegge and Peterson, Johnson & Murray, S.C., Milwaukee and oral argument by James T. Murray, Jr.

Amicus curiae brief was filed by Heiner Giese and Giese & Weden Law Offices, Milwaukee for the Apartment Association of Southeastern Wisconsin, Inc.

Amicus curiae brief was filed by Mark K. Thomsen and Cannon & Dunphy, S.C., Brookfield for the Wisconsin Academy of Trial Lawyers.

Amicus curiae brief was filed by Thomas M. Pyper, Elizabeth M. Estes and Whyte, Hirschboeck, Dudek, S.C., Milwaukee for the Wisconsin Realtors Association, The Institute for Real Estate Management and The Wisconsin Apartment Association.


¶ 1. ANN WALSH BRADLEY, J.

This case is before the court on certification from the court of appeals pursuant to Wis. Stat. § 809.61 (1997-98). The court of appeals asks this court to address the following question:

Does a landlord of an older residential rental property have a common law duty to inspect, or test, for contamination from lead-based paint once the landlord knows that the paint is flaking...

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