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JOHNSON v. BLACKBURN

No. 97-1414.

227 Wis.2d 249 (1999)

595 N.W.2d 676

Joel James JOHNSON, Plaintiff-Appellant-Cross-Respondent, Bryana HARKINS, Plaintiff-Co-Appellant-Cross-Respondent-Cross Petitioner, v. James R. BLACKBURN, Elaine M. Blackburn, and Germantown Mutual Insurance Company, Defendants-Respondents-Cross-Appellants-Petitioners, Diane MULLINS, Stoney Mullins, DEF Insurance Company, Marylyn Smith, and GHI Insurance Company, Defendants. Joel James JOHNSON, as Special Administrator of the Estate of Joel James Johnson, Jr., Plaintiff-Appellant-Cross-Respondent, v. James R. BLACKBURN, Elaine M. Blackburn, and Germantown Mutual Insurance Company, Defendants-Respondents-Cross-Appellants-Petitioners, Diane MULLINS, Stoney Mullins, DEF Insurance Company, Marylyn Smith, and GHI Insurance Company, Defendants.

Supreme Court of Wisconsin.

Decided June 30, 1999.

Attorney(s) appearing for the Case

For the defendants-respondents-cross appellants-petitioners there were briefs by Elizabeth V. Pavlick and Sager, Pavlick, Wirtz & Fry, S.C., Fond du Lac and oral argument by Elizabeth V. Pavlick.

For the plaintiff-appellant-cross respondent there was a brief by Jerald P. Donohue and Donohue, Sharpe & Casper, S.C., Fond du Lac and oral argument by Jerald P. Donohue.

For the plaintiff-co-appellant-cross respondent-cross-petitioner, there were briefs by Timothy J. Aiken, James C. Gallanis and Aiken & Scoptur, S.C., Milwaukee and oral argument by Timothy J. Aiken.

Amicus curie brief was filed by Thomas A. Lorenson and Kubasta, Rathjen, Bickford & Lorenson, Wautoma, for the Civil Trial Counsel of Wisconsin and Wisconsin Insurance Alliance.

¶ 1. SHIRLEY S. ABRAHAMSON, CHIEF JUSTICE.

This is a review of a published decision of the court of appeals, Johnson v. Blackburn, 220 Wis.2d 260, 582 N.W.2d 488 (Ct. App. 1998). The Circuit Court for Fond du Lac County, Peter L. Grimm, Judge, dismissed the complaints. The court of appeals reinstated the complaints and remanded the causes for further proceedings. The case arises...

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