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THOMAS v. MALLETT

No. 03-1528.

275 Wis.2d 377 (2004)

2004 WI App 131

685 N.W.2d 791

Steven THOMAS, a Minor, by his Guardian ad Litem, Susan M. Gramling, Plaintiff-Appellant, v. Clinton L. MALLETT, Billie R. Mallett, and Germantown Mutual Insurance Co., Defendants, AMERICAN CYANAMID CO., Atlantic Richfield Co., E.I. DuPont De Nemours and Co., NL Industries, Inc., SCM Chemicals, Inc., Sherwin-Williams Co., and ConAgra Grocery Products Co., Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided June 15, 2004.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Peter G. Earle and Ellen R. Brostrom of Earle & Brostrom, LLP, Milwaukee and Robert J. McConnell and Fidelma Fitzpatrick of Motley Rice, LLC, Providence, Rhode Island.

On behalf of the defendants-respondents, the cause was submitted on the brief of Michael B. Apfeld and David G. Peterson of Godfrey & Kahn, S.C., Milwaukee and Philip H. Curtis and Bruce R. Kelly of Arnold & Porter, New York, New York.

An amici curiae brief was filed on behalf of Service Employees International Union, Wisconsin Commission on Occupational Safety and Health, Repairers of the Breach, Wisconsin Citizen Action, Wisconsin Education Association Council and its affiliate, Milwaukee Education Association, and Wisconsin Federation of Nurses and Health Professionals by Lynn M. Novotnak of First, Blondis, Albrecht & Novotnak, S.C., Milwaukee.

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

¶ 1. FINE, J.

Steven Thomas, a minor born in 1990, appeals by his guardian ad litem from the trial court's order granting summary judgment dismissing his case against American Cyanamid Co., Atlantic Richfield Co., E.I. DuPont De Nemours and Co., NL Industries, Inc., SCM Chemicals, Inc., Sherwin-Williams Co., and ConAgra Grocery Products Co.1 Thomas suffers from serious neurological...

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