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BARRY v. EMPLOYERS MUT. CAS. CO.

No. 98-2557.

238 Wis.2d 125 (2000)

2000 WI App 168

617 N.W.2d 493

Fred A. BARRY, Plaintiff-Appellant-Cross-Respondent, v. EMPLOYERS MUTUAL CASUALTY COMPANY, a foreign corporation, Defendant, AMERITECH CORPORATION, f/d/b, Wisconsin Bell, Inc., a domestic corporation, Defendant-Third-Party Plaintiff-Respondent-Cross-Appellant, v. DAVE TROJAN CONTRACTORS, INC., a domestic corporation, Continental Western Insurance Company, a foreign corporation, Third-Party Defendant-Cross-Respondent, The BURGMEIER COMPANY, INC., a domestic corporation and Aetna Casualty & Surety Company, a foreign corporation, Third-Party Defendant.

Court of Appeals of Wisconsin.

Decided July 5, 2000.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant-cross-respondent, the cause was submitted on the briefs of Michael I. Tarnoff, of Warshafsky, Rotter, Tarnoff, Reinhardt & Bloch, S.C., of Milwaukee.

On behalf of the defendant-third-party plaintiff-respondent-cross-appellant, the cause was submitted on the briefs of Peter F. Mullaney of Peterson, Johnson & Murray, S.C., of Milwaukee.

On behalf of the third-party defendant-cross-respondent, the cause was submitted on the brief of Thomas A. Ogorchock, of Miller & Ogorchock, S.C., of Milwaukee.

On behalf of the Wisconsin Academy of Trial Lawyers, there was a nonparty brief filed by David M. Skoglind.

Before Fine, Schudson and Curley, JJ.

¶ 1. SCHUDSON, J.

Fred A. Barry appeals from the judgment, following a jury trial, awarding him $36,225 plus costs, in his action against Ameritech Corporation, resulting from his fall on a stairway at the Ameritech offices where he had been working.1 Barry argues: (1) under the safe-place statute, Ameritech had a nondelegable duty such that the causal negligence of The Burgmeier Company, Inc., an independent contractor hired by Ameritech...

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