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MOHR v. ST. PAUL FIRE & MARINE INS. CO.,

No. 02-1728.

269 Wis.2d 302 (2003)

2004 WI App 5

674 N.W.2d 576

Michael J. MOHR, Jeffrey T. Mohr and Kathy D. Mohr, Plaintiffs-Appellants, STATE OF WISCONSIN DEPARTMENT OF HEALTH AND FAMILY SERVICES, Sheboygan County Department of Health and Human Services and Plastics Engineering Group Health Plan, Plaintiffs, v. ST. PAUL FIRE & MARINE INS. Co., Wisconsin Interscholastic Athletic Association, United National Ins. Co. and KDI Paragon, Inc., Defendants-Respondents, NATIONAL UNION FIRE INS. CO. OF PITTSBURGH and National Federation of State High School Associations, Defendants, WEST BEND MUTUAL INS. Co., Defendant-Respondent, WALTERS' SWIM SUPPLIES, INC., Defendant.

Court of Appeals of Wisconsin.

Decided December 18, 2003.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Mark S. Young, Virginia M. Antoine, and Molly C. Lavin, Habush Habush & Rottier, S.C., Milwaukee.

On behalf of the defendants-respondents Wisconsin Interscholastic Athletic Association and St. Paul Fire & Marine Ins. Co., the cause was submitted on the brief of Samuel J. Leib, Douglas S. Knott, and Katherine A. Kuchan, Leib & Katt, S.C., Milwaukee.

On behalf of the defendants-respondents United National Insurance Company and KDI Paragon, Inc., the cause was submitted on the brief of Donald H. Carlson, Mary E. Nelson, and Ryan G. Braithwaite, Crivello, Carlson & Mentkowski, S.C., Milwaukee.

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

¶ 1. VERGERONT, J.

Michael Mohr was injured while practicing a racing start from a starting platform at the shallow end of his high school's swimming pool. He1 appeals the summary judgment in favor of the manufacturer of the platform, KDI Paragon, Inc., and the Wisconsin Interscholastic Athletic Association (WIAA). He contends there are disputed issues of fact on his negligence and strict product liability claims

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