UNION PACIFIC R.R. v. MOTIVE EQUIPMENT

No. 2004AP2630.

714 N.W.2d 232 (2006)

2006 WI App 58

UNION PACIFIC RAILROAD COMPANY, Plaintiff-Appellant, v. MOTIVE EQUIPMENT, INC., Defendant-Third-Party Plaintiff-Respondent, Electro-Motive Division/General Motors Corporation and Diesel Division of General Motors of Canada, Defendants-Respondents, v. West Bend Mutual Insurance Company and Marlin Toy Products, Inc., Third-Party Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed March 14, 2006.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Brian D. Baird and Patrick D. McNally of Borgelt, Powell, Peterson & Frauen, S.C., Milwaukee. There was oral argument by Joseph P. Mascovich.

On behalf of the defendants-respondents, the cause was submitted on the brief of Michael J. Gonring and Keith A. Bruett of Quarles & Brady, LLP, Milwaukee, and Timothy S. Coon of Eckert Seamans Cherin & Mellott, LLC, Pittsburgh, Pennsylvania. There was oral argument by Thomas J. Sweeney, Jr.

On behalf of the defendant-third-party plaintiff-respondent, the cause was submitted on the brief of Christopher P. Riordan and Maureen Hegarty Kanter of von Briesen & Roper, S.C., Milwaukee. There was oral argument by Christopher P. Riordan.

On behalf of the third-party defendants-respondents, the cause was submitted on the brief of Terry J. Booth of Piper & Schmidt, Milwaukee. There was oral argument by Terry J. Booth.

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


¶ 1 WEDEMEYER, P.J.

Union Pacific Railroad Company appeals from orders entered dismissing its contribution/indemnification action against Motive Equipment, Inc. (MEI) and Electro-Motive Division/General Motors Corporation and Diesel Division of General Motors of Canada (GM). Union Pacific contends the trial court erred in granting summary judgment in favor of GM and MEI on the basis that the economic loss doctrine applied and the action was preempted by federal...

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