FOREMOST FARMS USA CO-OP v. PERF. PROCESS

No. 2004AP1201.

726 N.W.2d 289 (2006)

2006 WI App 246

FOREMOST FARMS USA COOPERATIVE, Plaintiff-Respondent-Cross-Appellant, v. PERFORMANCE PROCESS, INC., Defendant-Respondent-Cross-Respondent, Murnco, Inc., Defendant-Third-Party, Plaintiff-Respondent-Cross-Respondent, Nelson Jameson, Inc., Defendant-Third-Party, Plaintiff-Appellant-Cross-Respondent, v. Gemini Insurance Company, Third-Party Defendant, Cincinnati Insurance Company, Third-Party Defendant-Respondent-Cross-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed November 16, 2006.


Attorney(s) appearing for the Case

On behalf of the defendant-third-party plaintiff-appellant-cross-respondent Nelson Jameson, Inc., the cause was submitted on the briefs of Jeffrey A. Schmeckpeper and Dustin T. Woehl of Kasdorf, Lewis & Swietlik, S.C., Milwaukee.

On behalf of the plaintiff-respondent-cross-appellant Foremost Farms USA, Cooperative, the cause was submitted on the briefs of Harry Sauthoff, Jr., of LaRowe, Gerlach & Roy, L.L.P., Sauk City.

On behalf of the defendant-respondent-cross-respondent Performance Process, Inc., the cause was submitted on the brief of Todd Joseph Koback and Thomas Terwilliger of Terwilliger, Wakeen, Piehler & Conway, S.C., Wausau.

On behalf of the defendant-third-party plaintiff-respondent-cross-respondent Murnco, Inc., the cause was submitted on the brief of Randall Skiles of Skiles Law Office, Madison.

Before LUNDSTEN, P.J., and VERGERONT and HIGGINBOTHAM, JJ.


¶ 1 LUNDSTEN, P.J.

This appeal requires us to determine whether, under the economic loss doctrine, tort claims were properly dismissed at the summary judgment stage. In particular, we examine whether undisputed facts show that the damaged property was not, in a legal sense, "other property" with respect to an allegedly defective product. Under the economic loss doctrine, when an allegedly defective product damages "other property," tort claims are not barred...

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