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DEMINSKY v. ARLINGTON PLASTICS MACHINERY

No. 01-0242.

249 Wis.2d 441 (2001)

2001 WI App 287

638 N.W.2d 331

Todd DEMINSKY, Plaintiff-Respondent, v. ARLINGTON PLASTICS MACHINERY, Locator Corporation, Alpha Omega Plastics Company, Conair, Inc., and Steadfast Insurance Company, Defendants, IMAGE PLASTICS, INC. and Federated Mutual Insurance Company, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided November 29, 2001.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Robert E. Salmon, Richard L. Pemberton, Laura J. Hanson and Erica Gutmann Strohl of Meagher & Geer, P.L.L.P., Minneapolis, Minnesota.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of John P. Richie of Misfeldt, Richie, Wickstrom & Wachs, Eau Claire, David E. Richie of Danielson, Guettinger, Richie & Manydeeds, S.C., Eau Claire, and Raymond L. Hoel of Hoel Law Office, Cornell.

Before Vergeront, P.J., Roggensack and Deininger, JJ.

¶ 1. DEININGER, J.

Image Plastics, Inc. and its insurer, Federated Mutual Insurance Company, appeal a $1.7 million judgment entered against them in favor of Todd Deminsky for injuries he sustained while operating a plastic-grinding machine.1 Image, which purchased the machine from Arlington Plastics Machinery, contends that an indemnity provision in Arlington's favor contained in a sales order for the machine should not be enforced...

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