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KERL v. DENNIS RASMUSSEN, INC.

No. 02-1273.

267 Wis.2d 827 (2003)

2003 WI App 226

672 N.W.2d 71

Robert KERL, General Guardian of Robin Kerl, The Estate of David Jones, Benjamin Jones and Donna Roberts, Plaintiffs-Appellants-Cross-Respondents, ATTORNEY GENERAL, Wisconsin Department of Health and Family Services, and Wal-Mart Personal Choice, Involuntary-Plaintiffs, v. DENNIS RASMUSSEN, INC. and Continental Western Insurance, Defendants-Petitioners, UNIDENTIFIED DEFENDANT ABC (Arby's Inc.'s Insurer), Defendant, ARBY'S INC. d/b/a Triarc Restaurant Group, Defendant-Respondent-Cross-Appellant.

Court of Appeals of Wisconsin.

Decided October 9, 2003.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellant-cross respondents, the cause was submitted on the briefs of Daniel W. Hildebrand of DeWitt Ross & Stevens, S.C., Madison, and Douglas B. Keberle of Keberle & Patrykus, LLP, West Bend, and Donald J. Murphy of Murphy Vaughan & Pressentin LLC, Monona.

On behalf of the defendant-respondent-cross appellant, the cause was submitted on the briefs of Emile H. Banks, Jr. and Vicki L. Arrowood of Emile Banks & Associates, Milwaukee.

Before Deininger, P.J., Dykman, and Lundsten, JJ.

¶ 1. DYKMAN, J.

Plaintiffs Robin Kerl, the estate of David Jones and David Jones's parents (plaintiffs), appeal from an order dismissing on summary judgment their vicarious liability claim against Arby's Inc, d/b/a Triarc Restaurant Group (Arby's) and from the order denying their motion for reconsideration. Plaintiffs argue that issues of material fact preclude summary judgment. Arby's cross-appeals from the trial court's order denying its motion for summary...

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