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DAKIN v. MARCINIAK

No. 04-0754.

280 Wis.2d 491 (2005)

2005 WI App 67

695 N.W.2d 867

Ruth M. DAKIN, Plaintiff-Respondent, v. Frances T. MARCINIAK, Eric C. Pease, Langlade Memorial Hospital, Liberty Mutual Insurance Company, The Cincinnati Insurance Company, Tommy Thompson as U.S. Secretary of Health & Human Services, ABC Insurance Co., Unknown Insurance Carrier(s) providing insurance coverage to each Defendant named herein, identified pursuant to Wis. Stats. 807.12, XYZ Company (s) and Unknown Defendants identified pursuant to Wis. Stats. 807.12, Defendants, ROUNDY'S, INC. and Copp's Food Center a/k/a Copp's Corporation, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided March 8, 2005.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Randy S. Parlee of Peterson, Johnson & Murray, S.C. of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Nathaniel Cade, Jr. and Timothy M. Hansen of Michael Best & Friedrich, LLP of Milwaukee.

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

¶ 1. CANE, C.J.

Roundy's, Inc., the successor in interest to Copp's Food Center, a/k/a Copp's Corporation,1 appeals a nonfinal order denying its motion for summary judgment in this personal injury case.2 Roundy's argues the court erred when it concluded that, under WIS. STAT. § 802.09(3),3<...

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