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COLE v. HUBANKS

No. 02-1416.

272 Wis. 2d 539 (2004)

2004 WI 74

681 N.W.2d 147

Julia Cole, Plaintiff-Appellant, City of Milwaukee, Involuntary-Plaintiff, v. Yvonne L. Hubanks, Aubrey Hubanks, and American Family Mutual Insurance Company, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided June 11, 2004.

Attorney(s) appearing for the Case

For the plaintiff-appellant there were briefs by Jonathan Cermele, Laurie Eggert, Rachel L. Schneider and Eggert & Cermele, S.C., Milwaukee, and oral argument by Jonathan Cermele.

For the defendants-respondents there was a brief by Janet E. Cain and Peterson, Johnson & Murray, S.C., Milwaukee, and oral argument by Janet E. Cain.

An amicus curiae brief was filed by John F. Fuchs, Catherine A. Goodman and Fuchs DeStefanis Boyle, S.C., Milwaukee, on behalf of The Milwaukee Police Association and Police Officers Defense Fund, and there was oral argument by John F. Fuchs.

An amicus curiae brief was filed by Michael T. Leibig, and Zwerdling, Paul, Leibig, Kahn & Wolly, P.C., Alexandria, VA, and Richard A. Frederick, Milwaukee, on behalf of International Union of Police Associations, AFL-CIO, and National Association of Police Organizations.

¶ 1. PATIENCE D. ROGGENSACK, J.

Police Officer Julia Cole appeals a Milwaukee County Circuit Court judgment that granted Aubrey and Yvonne Hubanks and their insurer, American Family Mutual Insurance Company, summary judgment, dismissing her personal injury claims against the Hubanks. This case is before us on certification of the following question:

Whether Wisconsin's "firefighters rule,"1 that is based on public policy...

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