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LEMKE-WOJNICKI v. KOLODZIAJ

No. 02-1136.

258 Wis.2d 950 (2002)

2002 WI App 316

655 N.W.2d 212

Patricia LEMKE-WOJNICKI, Plaintiff-Appellant, MIDWEST SECURITY INSURANCE COMPANY, Wisconsin Physicians Service Insurance Corporation, and WEA Insurance Corporation, Involuntary-Plaintiffs, v. Paul & Cindy KOLODZIAJ, d/b/a Dubay Sport & Marine and Transportation Insurance Company, Defendants-Third-Party Plaintiffs-Respondents, v. Henry G. WOJNICKI, Jr., Third-Party Defendant.

Court of Appeals of Wisconsin.

Decided November 12, 2002.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Gregory J. Strasser of Strasser & Yde, S.C. of Wausau.

On behalf of the defendants-third-party plaintiffs-respondents, the cause was submitted on the brief of David J. Farley of Borgelt, Powell, Peterson & Frauen, S.C. of Milwaukee.

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

¶ 1. CANE, C.J.

Patricia Lemke-Wojnicki appeals a summary judgment in favor of Paul and Cindy Kolodziaj, d/b/a DuBay Sport and Marine (DuBay). The trial court granted DuBay's summary judgment motion after determining DuBay did not breach its duty of care to Lemke after DuBay reattached a faulty steering mechanism to a new engine it installed on her husband Henry Wojnicki's boat. Specifically, the court determined DuBay was not negligent because it told Wojnicki...

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