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FANDREY v. AMERICAN FAMILY MUT. INS. CO.

No. 02-2628.

272 Wis. 2d 46 (2004)

2004 WI 62

680 N.W.2d 345

Mackenzie Fandrey, a minor, by James B. Connell, her Guardian ad Litem, Plaintiff-Appellant, Wisconsin Physicians Service Insurance Corporation, Plaintiff, v. American Family Mutual Insurance Company, Defendant-Third-Party Plaintiff-Respondent, v. Michelle M. Egner, Third-Party Defendant.

Supreme Court of Wisconsin.

Decided June 3, 2004.

Attorney(s) appearing for the Case

For plaintiff-appellant there were briefs (in the court of appeals) by James B. Connell and Crooks, Low & Connell, S.C., Wausau, and oral argument by James B. Connell.

For the defendant-third-party plaintiff-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.

¶ 1. JON P. WILCOX, J.

This case involves two questions certified to us by the court of appeals. First, the court of appeals has asked us to determine whether a court may use traditional public policy factors1 to limit liability under Wis. Stat. § 174.02 (1999-2000),2 commonly known as the "dog bite statute," when liability under the statute is otherwise...

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