KESSEL v. STANSFIELD VENDING, INC.

No. 2005AP1037.

291 Wis.2d 504 (2006)

2006 WI App 68

714 N.W.2d 206

Zakary KESSEL by his guardian ad litem, Mart W. Swenson, Christal Snider and Nathan Kessel, Plaintiffs-Appellants, HEALTH TRADITION HEALTH PLAN, Involuntary Plaintiff-Interested Party, v. STANSFIELD VENDING, INC., Acuity and Franciscan Skemp Medical Center, Inc., Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided March 16, 2006.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Robert A. Parsons, of Bye, Goff & Rohde, Ltd., River Falls.

On behalf of the defendants-respondents Stansfield Vending and Acuity, the cause was submitted on the brief of James G. Curtis and Craig R. Steger, of Hale, Skemp, Hanson, Skemp & Sleik, La Crosse.

On behalf of the defendants-respondents Franciscan Skemp Medical Center, Inc., the cause was submitted on the brief of Guy DuBeau, of Axley Brynelson, LLP, Madison, and Agnes M. Schipper, Esq., of Mayo Clinic, Rochester, Minnesota.

Before Lundsten, P.J., Vergeront and Higginbotham, JJ.


¶ 1. VERGERONT, J.

This action seeks to recover damages for injuries sustained by Zakary Kessel, then fifteen months old, when he was burned by hot cocoa made with water that came from a hot water dispenser at Franciscan Skemp Medical Center. The circuit court granted summary judgment in favor of Franciscan Skemp Medical Center, Inc., and the company supplying the dispenser, Stansfield Vending, Inc. Zakary, by

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