WARR v. QPS COMPANIES, INC.

No. 2006AP208.

728 N.W.2d 39 (2006)

2007 WI App 14

James L. WARR, Plaintiff-Appellant, Liberty Mutual Insurance Company, Plaintiff, v. QPS COMPANIES, INC., f/k/a QPS Staffing Services, and Federal Insurance Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed December 19, 2006.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Steven G. Kmiec of Kmiec Law Offices, Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the brief of Frederick J. Strampe and Patryk Silver of Borgelt, Powell, Peterson & Frauen, S.C., Milwaukee.

Before WEDEMEYER, P.J., and CURLEY and KESSLER, JJ.


¶ 1 WEDEMEYER, P.J.

James L. Warr and Liberty Mutual Insurance Company appeal from an order dismissing their complaint against QPS Companies, Inc. and Federal Insurance Company, following a grant of summary judgment. Warr contends that the trial court erred in ruling that his claim was barred by the worker's compensation statute. Because the statutory language does not preclude Warr's suit against QPS as a third-party and because whether QPS is liable under a...

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