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VANDENBERG v. CONTINENTAL INS. CO.

No. 99-3193.

244 Wis.2d 802 (2001)

2001 WI 85

628 N.W.2d 876

Jamie VANDENBERG, Plaintiff-Appellant, v. The CONTINENTAL INSURANCE COMPANY, Defendant-Third-Party Plaintiff-Respondent, Leonard RIEHL and Stephanie L. Riehl, Defendants-Co-Appellants, DUMKE INSURANCE AND FINANCIAL SERVICES, INC. and Curt C. Fritz, Third-Party Defendants-Co-Appellants.

Supreme Court of Wisconsin.

Decided July 3, 2001.

Attorney(s) appearing for the Case

For the plaintiff-appellant there were briefs by Christopher H. Evenson and Sigman, Janssen, Stack, Wenning, Sewall & Pitz, Appleton, and oral argument by Christopher H. Evenson.

For the defendants-co-appellants there were briefs (in the court of appeals) by Keith W. Kostecke and Menn, Nelson, Sharratt, Teetaert & Beisenstein, Ltd., Appleton.

For the third-party defendants-co-appellants there were briefs (in the court of appeals) by Bruce A. Olson and Olson Law Group, LLC, Appleton, and oral argument by Bruce A. Olson.

For the defendant-third-party plaintiff-respondent there was a brief by Eric J. Magnuson, Daniel Q. Poretti, Jeanne A. Unger and Rider, Bennett, Egan & Arundel, LLP, Minneapolis, and oral argument by Jeanne A. Unger.

¶ 1. SHIRLEY S. ABRAHAMSON, CHIEF JUSTICE.

This is a review of an appeal from a judgment of the Circuit Court for Outagamie County, Dee R. Dyer, Circuit Court Judge. The appeal is before this court on certification from the court of appeals pursuant to Wis. Stat. (Rule) § 809.61 (1999-2000).

¶ 2. Infant Justin Vandenberg, while in a day care center operated by Stephanie Riehl, suffocated to death. The plaintiff, Jamie Vandenberg, Justin's mother...

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