GARFOOT v. FIREMAN'S FUND INS. CO.

Nos. 98-1618, 98-1662.

228 Wis.2d 707 (1999)

599 N.W.2d 411

William K. GARFOOT, Plaintiff, v. FIREMAN'S FUND INSURANCE COMPANY and Mt. Horeb Farmer's Cooperative, Defendants-Respondents, MAZOMANIE-BLUE MOUNDS MUTUAL INSURANCE COMPANY, Time Insurance Company, Associated Engineers, Inc., Tudor Insurance Company, General Heating & Air Conditioning, Inc., Dale Scholl, d/b/a All Temperature Service and Action Heating and Air Conditioning, Inc., ABC Insurance Company, DEF Insurance Company and GHI Insurance Company, Defendants, Pamela LUNDER, d/b/a Lunder Law Office and National Union Fire Insurance Company of Pittsburgh, Defendants-Appellants. William K. GARFOOT, Plaintiff, v. FIREMAN'S FUND INSURANCE COMPANY, Mt. Horeb Farmers Cooperative, Mazomanie-Blue Mounds Mutual Insurance Company, Defendants, TIME INSURANCE COMPANY, Associated Engineers, Inc., Tudor Insurance Company, General Heating & Air Conditioning, Inc., and ABC Insurance Company, Defendants-Co-Appellants, DEF INSURANCE COMPANY and GHI Insurance Company, Defendants, Pamela LUNDER, d/b/a Lunder Law Office and National Union Fire Insurance Company of Pittsburgh, Defendants-Appellants, Dale SCHOLL, d/b/a All Temperature Service and Action Heating and Air Conditioning, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided June 10, 1999.


Attorney(s) appearing for the Case

On behalf of the defendants-appellants, Pamela Lunder, d/b/a Lunder Law Office and National Union Fire Insurance Company of Pittsburgh, the cause was submitted on the briefs of Claude J. Covelli of Boardman, Suhr, Curry & Field LLP of Madison.

On behalf of the defendants-co-appellants, Associated Engineers, Inc., and Tudor Insurance Company, the cause was submitted on the briefs of Steven J. Caulum and Stephen E. Ehlke of Bell, Gierhart & Moore, S.C. of Madison.

On behalf of the defendants-co-appellants, General Heating & Air Conditioning and ABC Insurance Company, the cause was submitted on the brief of Robert J. Kay and James N. Graham of Kay & Andersen, S. C. of Madison.

On behalf of the defendants-respondents, Fireman's Fund Insurance Company and Mt. Horeb Farmers Cooperative, the cause was submitted on the brief of James J. Kriva of Kasdorf, Lewis & Swietlik, S. C. of Milwaukee.

On behalf of the defendants-respondents, Dale Scholl, d/b/a/ All Temperature Service, the cause was submitted on the brief of Edith F. Merila and Lori M. Lubinsky of Axley Brynelson, LLP, of Madison.

On behalf of the defendants-respondents, Action Heating & Air Conditioning, Inc., the cause was submitted on the brief of John Theiler Bode and John V. McCoy of Bode, Carroll, McCoy & Hoefle, S.C., of Waukesha.

Before Dykman, P.J., Vergeront and Deininger, JJ.


VERGERONT, J.

William Garfoot was injured when a gas explosion occurred while he was lighting the pilot light of a hot water heater. While investigating the cause of the explosion, a technician, hired by the engineer who was hired by Garfoot's attorney, disturbed evidence that would have either proved or disproved Garfoot's claim that a leak in the piping system caused the explosion. After concluding that the actions of...

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