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KOPFHAMER v. MADISON GAS. & ELECTRIC CO.

No. 01-1384.

258 Wis.2d 359 (2002)

2002 WI App 266

654 N.W.2d 256

Robert KOPFHAMER and Margaret Kopfhamer, Plaintiffs-Respondents-Cross-Appellants, v. MADISON GAS AND ELECTRIC COMPANY, Defendant-Cross-Respondent, WISCONSIN POWER AND LIGHT COMPANY, ABC Company and DEF Insurance Company, Defendants, WISCONSIN PUBLIC SERVICE CORPORATION, Defendant-Appellant-Cross-Respondent.

Court of Appeals of Wisconsin.

Decided October 2, 2002.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant-cross-respondent, the cause was submitted on the briefs of Bruce A. Schultz of Coyne, Niess, Schultz, Becker & Bauer, S.C., Madison.

On behalf of the plaintiffs-respondents-cross-appellants, the cause was submitted on the briefs of Mark W. Andrews of Winner, Wixson & Pernitz, Madison.

On behalf of the defendant-cross-respondent, the cause was submitted on the briefs of Bruce D. Huibregtse and Barbara A. Neider of Stafford Rosenbaum LLP, Madison.

Before Nettesheim, P.J., Anderson and Snyder, JJ.

¶ 1. ANDERSON, J.

This is a personal injury tort action arising out of an industrial accident that occurred during the course and scope of Robert Kopfhamer's employment. On appeal, Wisconsin Public Service Corporation (WPSC) contends that the trial court erred when it ruled that WPSC was equitably and judicially estopped from invoking the exclusivity provisions of the Workers' Compensation Act (WCA) in order to seek protection from Robert and Margaret Kopfhamers...

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