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BALDWIN v. BADGER MINING CORP.

No. 02-1197.

264 Wis.2d 301 (2003)

2003 WI App 95

663 N.W.2d 382

Clarice BALDWIN as Personal Representative of the Estate of Jerry Baldwin, Willie Banks, Christella Burnett, Milton Chacon, J.C. Griffin, George Harris, Carl Hays, Roosevelt Henderson, Joe Hoffmann, Kurt Jarosch, Dennis Kaminski, Jimmy Kelly, Leo Kyles, Avelina Pesqueira, Estate of Jorge Pesqueira, Arthur Phillips, James Salley, Sr., Henry Tyler, Jr., Robert Van Laanen, Larnell Vann and Jessie Walker, Plaintiffs, Ollie COCROFT, Plaintiff-Appellant, CLAIMS MANAGEMENT SERVICES, Department of Health & Family Services, Payco General American Credits, American Family Mutual Insurance Company, Pelton Casteel, Muhammad Nadeem, M.D., Compcareblue Health Services, Department of Veterans Affairs, Kenosha Hospital, Medicare Part B, Medicare Part A, Blue Cross, St. Mary's Hospital - Racine, All Saints Hospital, Principal Mutual Insurance Company - Humana, Travelers Insurance Company, United American Insurance Company, Primecare Gold/Primecare Health, Medicaid Recipient Services, Aurora Home Medical Services, Royal Insurance Company of America, Sinai Samaritan Medical Center, American Republic Insurance Company, St. Joseph's Hospital, Social Security Administration, Claims Management Services, Inc., EBS Health Plan, Covenant Health/St. Francis, Milwaukee Radiologists, Ltd., Humana Health Plan - Aurora, Federated Adjustment Company, Air Respiratory Services, DaimlerChrysler Corporation, St. Luke's Hospital, American Family Insurance Company, Community Insurance Health Plan, Social Security Administration and St. Joseph's Hospital, Subrogated-Plaintiffs, v. BADGER MINING CORPORATION and Mine Safety Appliances Company, Defendants-Respondents, MINNESOTA MINING & MANUFACTURE and Moldex Metric, Inc., Defendants, NORTH SAFETY PRODUCTS COMPANY, Norton Company, Textron, Inc., Liberty Mutual Insurance Company, and Travelers Casualty & Surety Company, f/k/a Aetna Casualty & Surety Company, Defendants-Respondents, AMERICAN OPTICAL CORPORATION, Defendant, DALLOZ SAFETY, INC. and Employers Insurance Company of Wausau, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided April 8, 2003.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Michael F. Hart of Kohler & Hart LLP, of Milwaukee.

On behalf of the defendant-respondent Badger Mining Corporation, the cause was submitted on the brief of Michael J. Cohen of Meissner Tierney Fisher & Nichols, S.C., of Milwaukee, and L. John Argento and Cathy R. Gordon, pro hac vice of Dickie, McCamey & Chilcote, P.C., of Pittsburgh, PA.

On behalf of the defendants-respondents Norton Company, North Safety Products, Inc., and Textron, Inc. the cause was submitted on the combined brief of Daniel A. Haws of Murnane, Conlin, White & Brandt, of St. Paul, MN., and defendant-respondent Liberty Mutual Insurance Company by William J. Katt of Lieb & Katt, S.C., of Milwaukee, and defendant-respondent Travelers Casualty & Surety Company by Donna J. Vobornik of Sonnenschein Nath & Rosenthal, of Chicago, IL, and defendant-respondent Mine Safety Appliances Company by Mark A. Frankel of LaFollette Godfrey & Kahn, of Madison, WI.

On behalf of the defendant-respondent Dalloz Safety, Inc., and Employers Insurance Company of Wausau, the cause was submitted on the brief of Patrick J. Anderson of Matthiesen, Wickert & Lehrer, S.C., of Hartford, WI.

Before Fine, Schudson and Curley, JJ.

¶ 1. SCHUDSON, J.

Ollie Cocroft appeals from the circuit court's final orders: (1) granting summary judgment and dismissing his claims against Badger Mining Corporation (Badger); and (2) granting summary judgment and dismissing his claims against four manufacturers of respirator masks and their insurers (collectively, the "respirator defendants"). Cocroft argues that the court erred in concluding that the statute of...

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