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MATTHIES v. POSITIVE SAFETY MFG. CO.

No. 99-0431.

244 Wis.2d 720 (2001)

2001 WI 82

628 N.W.2d 842

David R. and Eva MATTHIES, Plaintiffs-Respondents, v. The POSITIVE SAFETY MANUFACTURING COMPANY, Defendant-Appellant, ARB INSURANCE COMPANY, Safety Supply and Design, Inc., f/k/a Wardco, GHI Insurance Company and The Travelers Insurance Company, Defendants.

Supreme Court of Wisconsin.

Decided July 2, 2001.

Attorney(s) appearing for the Case

For the defendant-appellant there were briefs by Erik J. Pless and Everson, Whitney, Everson & Brehm, S.C., Green Bay, and John J. Bullaro, Jr., James R. Branit and Bullaro & Carton, Chicago, Illinois, and oral argument by James R. Branit.

For the plaintiffs-respondents there was a brief by R. George Burnett and Liebmann, Conway, Olejniczak & Jerry, S.C., Green Bay, and oral argument by R. George Burnett.

An amicus curiae brief was filed by William C. Gleisner, III, and Law Offices of William C. Gleisner, Milwaukee, and Rhonda L. Lanford and Habush, Habush, Davis & Rottier, S.C., Madison, on behalf of the Wisconsin Academy of Trial Lawyers.

An amicus curiae brief was filed by Richard L. Zaffiro, Brookfield, on behalf of the Civil Trial Counsel of Wisconsin.

¶ 1. N. PATRICK CROOKS, J.

On August 22, 1992, David R. Matthies' hand was injured by a punch press. At the time of the accident, joint and several liability was a common-law rule in Wisconsin which permitted a plaintiff to recover his or her damages from any one of two or more persons whose joint or concurring negligent acts caused the plaintiff's injury. Wisconsin Natural Gas Co. v. Ford, Bacon & Davis Constr. Corp., 96 Wis.2d 314...

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