PHYSICIANS PLUS INSURANCE CORPORATION, Subrogated-Plaintiff-Respondent,
v.
MIDWEST MUTUAL INSURANCE COMPANY, Defendant,
THERESA MUTUAL FIRE INSURANCE COMPANY, Donald Franke, Wisconsin Municipal Mutual Insurance Company, Dodge County, Robert Embertson, Rural Mutual Insurance Company, Township of Leroy and Linus Schraufnagel, Defendants-Appellants.
Timothy J. SMITH, Plaintiff-Respondent,
STATE of Wisconsin, Department of Health and Family Services, Division of Health, Subrogated-Plaintiff-Respondent,
v.
THERESA MUTUAL INSURANCE COMPANY, Don-Er Farms, Inc., Donald Franke, Ermanelda Franke, Wisconsin Municipal Mutual Insurance Company, Dodge County, Robert Henken, Highway Commissioner for Dodge County, Robert Embertson, Rural Mutual Insurance Company, and Township of Leroy, Defendants-Appellants.
Court of Appeals of Wisconsin.https://leagle.com/images/logo.png
Submitted on briefs February 12, 2001.
Decided June 28, 2001.
Attorney(s) appearing for the Case
On behalf of the defendants-appellants, Dodge County, Robert Embertson, Wisconsin Municipal Mutual Insurance Co., and Robert Henken, the cause was submitted on the briefs of Robert E. Storck of Storck, Schnabl & Madden, Mayville.
On behalf of the defendants-appellants, Theresa Mutual Insurance Co., Don-Er Farms, Inc., Donald Franke and Ermanelda Franke, the cause was submitted on the briefs of Arnold P. Anderson of Mohr & Anderson, S.C., Madison and Thomas E. Goss, Jr. of Mueller, Goss & Possi, S.C., Milwaukee.
On behalf of the defendants-appellants, Township of Leroy, Linus Schraufnagel, and Rural Mutual Insurance Co., the cause was submitted on the briefs of Phillip J. Eckert of O'Meara Law Firm, LLP, West Bend.
On behalf of the plaintiff-respondent, Timothy J. Smith, the cause was submitted on the brief of Eric A. Farnsworth of DeWitt Ross & Stevens, S.C., Madison.
Before Dykman, P.J., Vergeront and Deininger, JJ.
Court of Appeals of Wisconsin.
¶ 1. DEININGER, J.
Dodge County, the Town of Leroy, several officials of each, Donald and Ermanelda Franke and their farm corporation, and the liability insurers for all of the foregoing, appeal an order granting partial summary judgment in favor of plaintiff Timothy Smith.1 The trial court concluded that the County, the Town, and the Frankes each had a duty to eliminate the safety hazard...
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