No. 01-2649.

263 Wis.2d 675 (2003)

2003 WI 96

665 N.W.2d 211

Martin G. WENKE and Dakota M. Wenke, a minor, by his Guardian ad Litem, Lynn R. Laufenberg, Plaintiffs-Appellants, v. GEHL COMPANY, a Wisconsin corporation, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided July 8, 2003.

Attorney(s) appearing for the Case

For the plaintiffs-appellants there were briefs by Michael L. Laufenberg, Lynn R. Laufenberg and Laufenberg & Hoefle, S.C., Milwaukee, and oral argument by Lynn R. Laufenberg.

For the defendant-respondent there was a brief by Francis H. LoCoco, Daniel J. La Fave and Quarles & Brady LLP, Milwaukee, and oral argument by Francis H. LoCoco.

An amicus curiae brief was filed by Ralph A. Weber, Beth Ermatinger Hanan, and Reinhart Boerner Van Deuren, S.C., Milwaukee, on behalf of the Wisconsin Manufacturers and Commerce.

An amicus curiae brief was filed by William C. Gleisner, III, Madison, and David M. Skoglind and Aiken & Scoptur, S.C., Milwaukee, on behalf of the Wisconsin Academy of Trial Lawyers.


The court is equally divided on whether to affirm or reverse the judgment of the circuit court. Justice N. Patrick Crooks, Justice David T. Prosser, Jr., and Justice Diane S. Sykes would affirm. Chief Justice Shirley S. Abrahamson, Justice William A. Bablitch, and Justice Ann Walsh Bradley would reverse. Justice Jon P. Wilcox did not participate.

¶ 2. When a certification or bypass results in a tie vote by this court, the better...

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