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ALWIN v. STATE FARM FIRE & CASUALTY CO.

No. 99-1957.

234 Wis.2d 441 (2000)

2000 WI App 92

610 N.W.2d 218

JoAnn R. ALWIN and Walter F. Alwin, Plaintiffs-Appellants, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant-Respondent, Donna SHALALA, Secretary of the Department of Health and Human Services, and Blue Cross & Blue Shield United of Wisconsin, Nominal-Defendants.

Court of Appeals of Wisconsin.

Decided March 28, 2000.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of D. J. Weis of Habush, Habush, Davis & Rottier, S.C. of Rhinelander.

On behalf of the defendant-respondent, the cause was submitted on the brief of David A. Piehler and Douglas Bauman of Piehler & Strande, S.C. of Wausau.

Before Cane, C.J., Hoover, P.J., and Peterson, J.

¶ 1. CANE, C.J.

JoAnn and Walter Alwin appeal from a summary judgment dismissing their claim against State Farm Fire and Casualty Company. The Alwins argue that the circuit court erred by concluding, as a matter of law, that WIS. STAT. § 174.02(1)(a),1 commonly known as "the dog bite statute," is inapplicable to the facts of their case. Although § 174.02(1)(a) is a strict liability statute applicable to the instant facts...

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