LINDEN v. CASCADE STONE CO., INC.

No. 04-0004.

276 Wis.2d 267 (2004)

2004 WI App 184

687 N.W.2d 823

James B. LINDEN and Dianne C. Linden, Plaintiffs-Appellants, v. CASCADE STONE COMPANY, INC., West Bend Mutual Insurance Company and Rich Fern d/b/a Allied Construction, Defendants-Respondents, AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Intervening Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided August 17, 2004.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Mark A. Seidl of Seidl & Stingl, S.C., Wausau.

On behalf of the defendant-respondent, West Bend Mutual Insurance Company, the cause was submitted on the brief of R. Michael Waterman of Mudge Porter Lundeen & Seguin, S.C., Hudson.

On behalf of the defendant-respondent, Rich Fern d/b/a Allied Construction, the cause was submitted on the brief of Mark S. Henkel of First Law Group, SC, Stevens Point.

On behalf of the intervening defendant-respondent, the cause was submitted on the brief of Paul E. David of Wendorff, Ellison & David, LLP, Wausau.

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


¶ 1. PETERSON, J.

James and Dianne Linden appeal a summary judgment dismissing their negligence and contract claims against Cascade Stone Company, Inc., Rich Fern d/b/a Allied Construction, and their insurers for alleged faulty workmanship in the construction of the Lindens' home. The Lindens contend that: (1) the economic loss doctrine does not bar their negligence claims; (2) the trial court erred in dismissing Cascade...

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