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FUCHSGRUBER v. CUSTOM ACCESSORIES, INC.

No. 98-2419.

244 Wis.2d 758 (2001)

2001 WI 81

628 N.W.2d 833

Anthony FUCHSGRUBER, Cynthia Fuchsgruber, Aurora Health Care, Inc., Lewis Sullivan, Secretary of HHS and United States Attorney Melvin Washington, United States Department of Justice, Plaintiffs-Respondents, v. CUSTOM ACCESSORIES, INC. and Zurich-American Insurance Company, Defendants-Appellants, CHINA INTERNATIONAL AERO-TECHNOLOGY IMPORT AND EXPORT CORPORATION, The Whitlock Corporation, ABC Insurance Company, The Travelers Insurance Company and Compcare Health Services Insurance Corporation, Defendants.

Supreme Court of Wisconsin.

Decided July 2, 2001.

Attorney(s) appearing for the Case

For the defendants-appellants there were briefs by Stanley J. Lowe and White & Lowe, Waukesha, and oral argument by Stanley J. Lowe.

For the plaintiffs-respondents there was a brief by Michael W. Fleming and Law Offices of Michael W. Fleming, S.C., Milwaukee, and oral argument by Michael W. Fleming.

An amicus curiae brief was filed by William C. Gleisner, III, and Law Officers of William C. Gleisner, Milwaukee, and Rhonda L. Lanford and Habush, Habush, Davis & Rottier, S.C., Madison, and oral argument by Lynn R. Laufenberg and Laufenberg Law Offices S.C., West Allis, on behalf of the Wisconsin Academy of Trial Lawyers.

¶ 1. DIANE S. SYKES, J.

The question in this case is whether the 1995 amendment to the comparative negligence statute, Wis. Stat. § 895.045(1) (1999-2000),1 applies to strict product liability actions. The answer is no.

¶ 2. Strict liability for injuries caused by defective and unreasonably dangerous products, as adopted by this court in Dippel v. Sciano,

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