PHYSICIANS PLUS INSURANCE CORPORATION, Subrogated-Plaintiff-Respondent,
v.
MIDWEST MUTUAL INSURANCE COMPANY, Defendant,
THERESA MUTUAL FIRE INSURANCE COMPANY, Donald Franke, Wisconsin Municipal Mutual Insurance Company, Dodge County, Robert Embertson, Rural Mutual Insurance Company, Township of Leroy and Linus Schraufnagel, Defendants-Appellants-Petitioners.
ESTATE OF Timothy J. SMITH, Deceased, Plaintiff-Respondent,
STATE of Wisconsin, Department of Health and Family Services, Division of Health, Subrogated-Plaintiff-Respondent,
v.
THERESA MUTUAL INSURANCE COMPANY, Don-Er Farms, Inc., Donald Franke, Ermanelda Franke, Wisconsin Municipal Mutual Insurance Company, Dodge County, Robert Henken, Highway Commissioner for Dodge County, Robert Embertson, Rural Mutual Insurance Company, and Township of Leroy, Defendants-Appellants-Petitioners.
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
Oral argument January 9, 2002.
Decided June 28, 2002.
Attorney(s) appearing for the Case
For defendants-appellants-petitioners, Theresa Mutual Insurance Company, Don-Er Farms, Inc., Donald Franke and Ermanelda Franke, there were briefs by Arnold P. Anderson and Mohr & Anderson, S.C., Madison, and Thomas E. Goss, Jr. and Mueller, Goss & Possi, S.C., Milwaukee, and oral argument by Arnold P. Anderson and Thomas E. Goss, Jr.
For defendants-appellants-petitioners, Dodge County, Robert Embertson, Wisconsin Municipal Insurance Company and Robert Henken, there were briefs by
Robert E. Storck and Storck, Schnabl & Madden, Mayville, and oral argument by Robert E. Storck.
For defendants-appellants-petitioners, Township of Leroy, Linus Schraufnagel and Rural Mutual Insurance Company, there were briefs by Phillip J. Eckert and O'Meara Law Form, LLP, West Bend, and oral argument by Phillip J. Eckert.
For plaintiff-respondent, Timothy J. Smith, there was a brief by Eric A. Farnsworth and DeWitt Ross & Stevens, S.C., Madison, and oral argument by Eric A. Farnsworth.
Supreme Court of Wisconsin.
¶ 1. N. PATRICK CROOKS, J.
This is a review of a published opinion of the court of appeals, Physicians Plus Insurance Corp. v. Midwest Mutual Insurance Co., 2001 WI App 148, 246 Wis.2d 933, 632 N.W.2d 59, affirming the order of the Dodge County Circuit Court granting partial summary judgment in favor of Timothy J. Smith. The circuit court and the court of appeals both concluded that...
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