MULLEN v. WALCZAK

No. 02-0129.

257 Wis.2d 928 (2002)

2002 WI App 254

653 N.W.2d 529

Joseph MULLEN and Estate of Renee K. Petit, by Joseph Mullen, Special Administrator, Plaintiffs-Appellants, v. Douglas J. WALCZAK, ABC Insurance Company, Daniel Wheeler, DEF Insurance Company and Primax Recoveries Company, Defendants, AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided September 10, 2002.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of D. James Weis of Habush, Habush & Rottier, S.C. of Rhinelander.

On behalf of the defendant-respondent, the cause was submitted on the brief of John A. Kramer and Michael J. Roman of Zalewski, Klinner & Kramer, LLP of Wausau.

On behalf of the The Wisconsin Academy of Trial Lawyers, the cause was submitted on the amicus curiae brief of William C. Gleisner, III of Milwaukee, and Nancy M. Rottier of Madison.

Before Cane, C.J., Hoover, P.J., and Peterson, J.


¶ 1. CANE, C.J.

Joseph Mullen and the estate of Renee Petit appeal a summary judgment in favor of American Family Mutual Insurance Company. The circuit court granted American Family's motion for summary judgment after it determined Mullen's emotional injuries arising from witnessing his wife Petit's death were covered by Petit's, rather than Mullen's, "each person" limit under Mullen's uninsured motorist policy. On...

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