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GIFFIN v. POETZL

No. 00-2633.

247 Wis.2d 906 (2001)

2001 WI App 207

634 N.W.2d 901

Kevin GIFFIN and Sally Giffin, Plaintiffs-Respondents, v. Gary POETZL and Maney-Miller Inspectors, LLP, Defendants-Respondents, ECONOMY CEMENT, MASONRY, INC. and MDM Enterprises, Inc., Defendants, TOWN OF VERNON, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided August 29, 2001.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Charles H. Bohl and Andrew A. Jones of Whyte Hirschboeck Dudek, S.C., Milwaukee.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Thomas E. Aul of Law Offices of Thomas E. Aul, Delafield.

Before Nettesheim, P.J., Brown and Anderson, JJ.

¶ 1. ANDERSON, J.

The Town of Vernon (Town) appeals from a nonfinal order of the circuit court denying its summary judgment motion asserting that Gary Poetzl (Poetzl) and Maney Miller Inspectors, LLP (Maney-Miller) (also defendants below) are independent contractors of the Town, and that therefore Kevin and Sally Giffin (Giffins) (plaintiffs below) are precluded from recovering from the Town for the alleged negligence...

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