Fred A. BARRY, Plaintiff-Appellant-Cross-Respondent-Petitioner,
v.
EMPLOYERS MUTUAL CASUALTY COMPANY, a foreign corporation, Defendant,
AMERITECH CORPORATION, f/d/b, Wisconsin Bell, Inc., a domestic corporation, Defendant-Third-Party Plaintiff-Respondent-Cross-Appellant,
v.
DAVE TROJAN CONTRACTORS, INC., a domestic corporation, Continental Western Insurance Company, a foreign corporation, Third-Party Defendant-Cross-Respondent,
The BURGMEIER COMPANY, INC., a domestic Corporation, and Aetna Casualty & Surety Company, a foreign corporation, Third-Party Defendant.
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
Oral argument April 6, 2001.
Decided July 10, 2001.
Attorney(s) appearing for the Case
For the plaintiff-appellant-cross respondent-petitioner there were briefs by Michael I. Tarnoff, Frank T. Crivello II and Warshafsky, Rotter, Tarnoff, Reinhardt & Bloch, S. C., Milwaukee, and oral argument by Michael I. Tarnoff.
For the defendant-third party plaintiff-respondent-cross appellant there was a brief by Peter F. Mullaney and Peterson, Johnson & Murray, S.C., Milwaukee, and oral argument by Peter F. Mullaney.
An amicus curiae brief was filed by David M. Skoglind and Aiken & Scoptur, S.C., Milwaukee, on behalf of the Wisconsin Academy of Trial Lawyers.
Supreme Court of Wisconsin.
¶ 1. DIANE S. SYKES, J.
This case arises under Wisconsin's safe place statute, Wis. Stat. § 101.11 (1995-96),1 and raises the question of whether a loose stairway nosing that caused the plaintiff to fall down a flight of stairs on the defendant's property constituted a "structural defect" or an "unsafe condition associated with the structure." If it was a "structural defect" the property owner is liable under the statute regardless...
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