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ST. PAUL FIRE & MARINE INS. CO. v. KELTGEN

No. 02-1249.

260 Wis.2d 523 (2003)

2003 WI App 53

659 N.W.2d 906

ST. PAUL FIRE & MARINE INSURANCE COMPANY, Plaintiff-Third-Party Defendant-Respondent-Petitioner, v. Curtis J. KELTGEN, Defendant-Third-Party Plaintiff-Appellant-Cross-Respondent, Paulet KELTGEN, Intervenor-Third-Party Plaintiff, v. Giles SMITH, Third-Party Defendant, L.E. PHILLIPS CAREER DEVELOPMENT CENTER, INC., Third-Party Defendant-Respondent-Petitioner-Cross-Respondent, VENTURE INSURANCE COMPANY and Wausau Insurance Company, Third-Party Defendants-Respondents-Cross-Appellants.

Court of Appeals of Wisconsin.

Decided February 4, 2003.

Attorney(s) appearing for the Case

On behalf of Curtis J. Keltgen, the cause was submitted on the briefs of Phillip Todryk of Todryk Law Office, S.C. of Hudson.

On behalf of St. Paul Fire & Marine Insurance Company and L.E. Phillips Career Development Center, Inc., the cause was submitted on the joint brief of John P. Richie of Richie, Wickstrom & Wachs, LLP of Eau Claire, and Gregory Deckert of Vest & Deckert, P.A. of Brooklyn Center, Minnesota.

On behalf of Venture Insurance Company and Wausau Insurance Company, the cause was submitted on the joint briefs of James A. Pelish of Thrasher, Doyle, Pelish & Franti, Ltd. of Rice Lake, and Robert J. Dreps and James D. Peterson of La Follette, Godfrey & Kahn of Madison.

Before Cane, C.J., Hoover, P.J., and Peterson, J.

¶ 1. CANE, C.J.

Curtis Keltgen appeals a summary judgment in favor of L.E. Phillips Career Development Center (CDC), and its insurers, St. Paul Fire & Marine Insurance Company, Venture Insurance Company and Wausau Insurance Company. Keltgen's action originated as a counterclaim against CDC and its insurers for negligence and various claims under the patient's rights section of WIS. STAT. ch. 51.1 Keltgen was a sheltered employee...

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