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SCHREINER v. WIESER CONCRETE PRODUCTS, INC.

No. 2005AP1142.

720 N.W.2d 525 (2006)

2006 WI App 138

Nicholas S. SCHREINER and Nicole J. Schreiner, Plaintiffs, State of Wisconsin Division of Health & Family Services, Wisconsin Physicians Service Insurance Corp., and Tommy Thompson, Secretary of Department of Health & Family Services, Subrogated-Plaintiffs, v. WIESER CONCRETE PRODUCTS, INC. and Westfield Insurance Co., Defendants-Third-Party Plaintiffs-Co-Appellants, Poly-America, LP, Poly-America, Inc. and Up North Plastics, Inc., Defendants-Respondents, Henry Huffcutt Co., Inc., Defendant-Third-Party Plaintiff-Appellant, v. Schreiner Farms, Inc., Third-Party Defendant, McMillan-Warner Mutual Insurance Co., Intervening-Defendant.

Court of Appeals of Wisconsin.

Opinion Filed June 13, 2006.

Attorney(s) appearing for the Case

On behalf of the defendant-third-party-plaintiff-appellant, the cause was submitted on the briefs of John R. Runde of Terwilliger, Wakeen, Piehler & Conway, S.C. of Wausau.

On behalf of the defendants-third-party-plaintiffs-co-appellants, the cause was submitted on the briefs of Brian A. Wood, William L. Davidson, and Jason R. Prochnow of Lind, Jensen, Sullivan & Peterson of Minneapolis, MN.

On behalf of the defendants-respondents, the cause was submitted on the brief of Robert L. Binder of Foley, & Lardner, L.L.P. of Milwaukee.

Before CANE, C.J., HOOVER, P.J., and PETERSON, J.

¶ 1 CANE, C.J.

Wieser Concrete Products, Inc., Westfield Insurance Co., and Henry Huffcutt Co., Inc., appeal a summary judgment of the trial court dismissing Up North Plastics, Inc. They argue that whether Up North had a duty to warn is a fact question for the jury. Because Huffcutt and Wieser failed to support their theory of causation, a requirement in a duty to warn case, we affirm the summary judgment.

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