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DIXSON v. WI HEALTH ORGANIZATION INS. CORP.

No. 97-3816.

237 Wis.2d 149 (2000)

2000 WI 95

612 N.W.2d 721

Jacqueline DIXSON, a minor, by her Guardian and Litem, Dale R. Nikolay and Kathryn Dixson, Plaintiffs, v. WISCONSIN HEALTH ORGANIZATION INSURANCE CORPORATION, Defendant, Becky Mae CARSON and Allstate Insurance Co., Defendants-Third-Party Plaintiffs-Appellants-Petitioners, v. ORIENTAL INVESTMENT COMPANY, Third-Party Defendant, MILWAUKEE COUNTY, Third-Party Defendant-Respondent.

Supreme Court of Wisconsin.

Decided July 12, 2000.

Attorney(s) appearing for the Case

For the defendants-third party plaintiffs-appellants-petitioners there were briefs by Michael A. Mesirow, Vicki L. Arrowood and Kasdorf, Lewis & Swietlik, S.C., Milwaukee, and oral argument by Michael A. Mesirow.

For the third party defendant-respondent there was a brief and oral argument by Louis Edward Elder, principal assistant corporation counsel, Milwaukee.

¶ 1. DIANE S. SYKES, J.

This case raises the question of whether Milwaukee County, by virtue of its federally-mandated duty to inspect a rent assistance property, had a duty to test the property for the presence of lead-based paint. Two-year-old Jacqueline Dixson and her mother, Kathryn, sued their landlord, Becky Mae Carson, for injuries Jacqueline suffered as a result of ingesting lead-based paint, allegedly in the duplex they rented from Carson. Shortly before...

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