SMITH v. GENERAL CAS. INS. CO.

No. 98-1849.

239 Wis.2d 646 (2000)

2000 WI 127

619 N.W.2d 882

Gary K. SMITH, Plaintiff-Appellant-Petitioner, v. GENERAL CASUALTY INSURANCE COMPANY, Defendant-Respondent, Ronald A. BLAIN and Freight Systems, Inc., Defendants.

Supreme Court of Wisconsin.

Decided December 19, 2000.


Attorney(s) appearing for the Case

For the plaintiff-appellant-petitioner there were briefs by Andrew Mishlove and Law Offices of Andrew Mishlove, Milwaukee, and oral argument by Andrew Mishlove.

For the defendant-respondent there was a brief by Jacqueline E. Frakes and Eiche & Frakes, S.C., Milwaukee, and oral argument by Jacqueline E. Frakes.


¶ 1. WILLIAM A. BABLITCH, J.

Petitioner Gary K. Smith (Smith) drove the last car hit in a three-vehicle collision. This collision, subsequently referred to as a chain reaction collision, was set into motion by a vehicle driven by an unidentified hit-and-run driver. In a suit arising from the accident, Smith brought a claim against General Casualty Company of Wisconsin (General Casualty),1

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