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WATERS v. PERTZBORN

No. 99-1702.

243 Wis.2d 703 (2001)

2001 WI 62

627 N.W.2d 497

Christopher WATERS, by his Guardian ad Litem, Ardell W. Skow, Richard Waters and Connie Waters, Plaintiffs-Appellants-Cross-Respondents, v. Kenneth PERTZBORN, Diane Pertzborn and State Farm Fire & Casualty Co., Defendants-Respondents-Cross-Appellants, Nicholas HAUS, Paula Haus, Al Haus and MSI Insurance Co., Defendants-Respondents.

Supreme Court of Wisconsin.

Decided June 14, 2001.

Attorney(s) appearing for the Case

For the plaintiffs-appellants-cross respondents there were briefs by Ardell W. Skow, Martha H. Heidt and Doar, Drill & Skow, S.C., Baldwin, and oral argument by Matthew Biegert.

For the defendants-respondents-cross appellants there were briefs by Kay Nord Hunt, James R. Johnson, Brent R. Johnson and Lommen, Nelson, Cole & Stageberg, P.A., Hudson, and oral argument by Kay Nord Hunt.

For the defendants-respondents there was a brief by Joe Thrasher and Thrasher, Doyle, Pelish & Franti, Ltd., Rice Lake.

An amicus curiae brief was filed by Michele M. Ford and Crivello, Carlson, Mentkowski & Steeves, S.C., Milwaukee, on behalf of Civil Trial Counsel of Wisconsin.

An amicus curiae brief was filed by George Burnett and Liebmann, Conway, Olejniczak & Jerry, S.C., Green Bay, on behalf of the Wisconsin Academy of Trial Lawyers.

¶ 1. ANN WALSH BRADLEY, J.

This negligence action is before us on certification from the court of appeals pursuant to Wis. Stat. (Rule) § 809.61 (1999-2000). Christopher Waters and his parents, Richard and Connie Waters (plaintiffs), appeal from the circuit court's order bifurcating the issues of liability and damages for trial before different juries.1 Defendants, Kenneth and Diane Pertzborn (Pertzborns) and their insurer, also...

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