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KELLER v. KRAFT

No. 02-3377.

267 Wis.2d 444 (2003)

2003 WI App 212

671 N.W.2d 361

Christopher J. KELLER and Amy Keller, Plaintiffs-Appellants, v. James R. KRAFT and City of Milwaukee, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided September 23, 2003.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Brian J. Henderson of Henderson & Levihn of Milwaukee. There was oral argument by Brian J. Henderson.

On behalf of the defendants-respondents, the cause was submitted on the briefs of Grant F. Langley, city attorney by Michael G. Tobin, assistant city attorney of Milwaukee. There was oral argument by Michael G. Tobin.

Before Wedemeyer, P.J., Fine and Schudson, JJ.

¶ 1. WEDEMEYER, P.J.

Christopher J. and Amy Keller appeal from a judgment dismissing their complaint against James R. Kraft and the City of Milwaukee. The Kellers contend that their claim falls into the third exception within the worker's compensation statute, WIS. STAT. § 102.03(2) (2001-02),1 thus permitting recovery for injuries suffered as a result of an automobile accident between co-employees. They assert the trial court...

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