JANKEE v. CLARK COUNTY

No. 95-2136.

235 Wis.2d 700 (2000)

2000 WI 64

612 N.W.2d 297

Emil E. JANKEE and Mary Jankee, Plaintiffs-Appellants-Petitioners, v. CLARK COUNTY, Wisconsin Health Care Liability Insurance Plan, Defendants-Respondents-Cross-Appellants-Petitioners, CONTINENTAL CASUALTY CO., Hammel, Green & Abrahamson, Inc., Defendants-Respondents-Cross-Appellants-Cross-Respondents, WAUSAU UNDERWRITERS INS. CO., J.P. Cullen & Sons, Inc., St. Paul Fire & Marine Ins. Co., and Wausau Metal Corp. d/b/a Milco, Defendants-Respondents-Cross-Respondents, WISCONSIN DEPARTMENT OF HEALTH AND SOCIAL SERVICES, Defendant.

Supreme Court of Wisconsin.

Decided June 22, 2000.


Attorney(s) appearing for the Case

For the plaintiffs-appellants-petitioners there were briefs by Ronald G. Tays, Hope K. Olson and Previant, Goldberg, Uelmen, Gratz, Miller & Brueggeman, S.C., Milwaukee and oral argument by Ronald G. Tays.

For the defendants-respondents-cross appellants-petitioners there were briefs by Timothy F. Mentkowski, Mary E. Nelson and Crivello, Carlson, Mentkowski & Steeves, S.C., Milwaukee and oral argument by Timothy F. Mentkowski.

For the defendants-respondents-cross appellants-cross respondents there was a brief by Timothy R. Murphy and Askegaard, Robinson, Murphy & Schweich, P.A., Brainerd, Minnesota and oral argument by Timothy R. Murphy.

For the defendants-respondents-cross respondents, Wausau Underwriters Insurance Co. and J.P. Cullen & Sons, Inc., there was a brief by Wayne R. Luck and Law Offices of Stilp and Cotton, Appelton and oral argument by Wayne R. Luck.

For the defendants-respondents-cross respondents, St. Paul Fire & Marine Insurance Co. and Wausau Metals Corporation, d/b/a Milco, there was a brief by John P. Richie and Misfeldt, Stark, Richie, Wickstrom & Wachs, Eau Claire and oral argument by John P. Richie.

Amicus curiae was filed by W. Wayne Siesennop, Mary Susan Maloney and Hannan, Siesennop & Sullivan, Milwaukee for the Wisconsin Association of Consulting Engineers and the Wisconsin Society of Architects, Inc., doing business as AIA Wisconsin.

Amicus curiae was filed by Charles V. Sweeney, Raymond P. Taffora, Nia Enemuoh-Trammell and Michael Best & Friedrich, LLP, Madison for the Wisconsin Transportation Builders Association.

Amicus curiae was filed by Alan E. Gesler and Slattery & Hausman, Ltd., Waukesha for the Wisconsin Academy of Trial Lawyers.


¶ 1. DAVID T. PROSSER, J.

Emil and Mary Jankee and Clark County seek review of a published decision of the court of appeals, Jankee v. Clark County, 222 Wis.2d 151, 585 N.W.2d 913 (Ct. App. 1998), affirming in part and reversing in part an order of the Circuit Court for Clark County, Duane Polivka, Judge.

¶ 2. Emil Jankee (Jankee) sustained paralyzing injuries during...

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