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RIZZUTO v. CINCINNATI INS. CO.

No. 02-1686.

261 Wis.2d 581 (2003)

2003 WI App 59

659 N.W.2d 476

Kristin D. RIZZUTO and Joe Rizzuto, Plaintiffs-Appellants, v. CINCINNATI INSURANCE COMPANY and Jackson Street Real Estate, LLC., Defendants-Respondents, HARTFORD UNDERWRITERS INSURANCE COMPANY, Orlandini Company, Inc., The Traveler's Insurance Company, and/or The Traveler's Property Casualty Insurance Company, C.D. Smith Construction Inc. and ABC Insurance Company, Defendants.

Court of Appeals of Wisconsin.

Decided February 25, 2003.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Michael Riley and Molly K. Martin of Atterbury & Riley, S.C., Madison.

On behalf of the defendants-respondents, the cause was submitted on the brief of Michael S. Murray and Matthew W. Moran of Kasdorf, Lewis & Swietlik, S.C., Milwaukee.

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

¶ 1. FINE, J.

Kristin D. Rizzuto and Joe Rizzuto appeal from an order granting summary judgment in favor of Jackson Street Real Estate, LLC, and its insurer, Cincinnati Insurance Company. The Rizzutos sued Jackson Street and Cincinnati Insurance under the Wisconsin Safe Place Statute, WIS. STAT. § 101.11, after Kristin Rizzuto was injured when a granite tile in an elevator owned by Jackson Street fell on her head.1 The trial...

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