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MULLEN v. WALCZAK

No. 02-0129.

262 Wis.2d 708 (2003)

2000 WI 51

664 N.W.2d 76

Joseph MULLEN and Estate of Renee K. Petit, by Joseph Mullen, Special Administrator, Plaintiffs-Appellants-Petitioners, v. Douglas J. WALCZAK, ABC Insurance Company, Daniel Wheeler, DEF Insurance Company and Primax Recoveries Company, Defendants, AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided July 1, 2003.

Attorney(s) appearing for the Case

For the plaintiffs-appellants-petitioners there were briefs by D. James Weis and Habush Habush & Rottier, S.C., Rhinelander, and oral argument by D. James Weis.

For the defendant-respondent there was a brief by John A. Kramer, Michael J. Roman, and Zalewski, Klinner & Kramer, LLP, Wausau, and oral argument by John A. Kramer.

An amicus curiae brief was filed by William C. Gleisner, III, Milwaukee, on behalf of the Wisconsin Academy of Trial Lawyers.

¶ 1. WILLIAM A. BABLITCH, J.

Joseph Mullen (Mullen) petitions this court for review of a court of appeals' decision, which held that Mullen's claim for emotional distress, resulting solely from witnessing the death of his wife, should be paid out of his wife's "per person" liability limit under their American Family insurance policy. Mullen v. Walczak, 2002 WI App 254, 257 Wis.2d 928, 653 N.W.2d 529...

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