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BAIN v. TIELENS CONST., INC.

No. 2005AP2433-FT.

718 N.W.2d 240 (2006)

2006 WI App 127

Aaron BAIN and Angela Bain, Plaintiffs-Appellants, American Family Insurance Group, Plaintiff, v. TIELENS CONSTRUCTION, INC. and General Casualty Co. of Wisconsin, Defendants-Third-Party Plaintiffs-Respondents, Alberts Plastering, Inc., Defendant, v. Pride-Rock, LLC and Heritage Mutual Insurance Co. n/k/a Acuity Mutual Insurance Co., Third-Party Defendants. Aaron Bain and Angela Bain, Appellants, American Family Mutual Insurance Co., Plaintiff, v. Tielens Construction, Inc. and General Casualty Co. of Wisconsin, Defendants-Third-Party Plaintiffs-Respondents, Alberts Plastering, Inc., Defendant, v. Pride-Rock, LLC and Heritage Mutual Insurance Co. n/k/a Acuity Mutual Insurance Co., Third-Party Defendants.

Court of Appeals of Wisconsin.

Opinion Filed May 16, 2006.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Thomas O. Schultz of Schultz Law Office of Green Bay.

On behalf of the defendants-third-party-plaintiffs-respondents, the cause was submitted on the brief of Erik J. Pless of Everson, Whitney, Everson & Brehm, S.C. of Green Bay.

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

¶ 1 HOOVER, P.J.1

Aaron and Angela Bain appeal a summary judgment dismissing their complaint against Tielens Construction, Inc., and an order denying a motion for reconsideration. They assert it was error for the circuit court to hold Aaron Bain more negligent as a matter of law than Tielens. We conclude the existence of factual questions precludes summary judgment. Accordingly, we reverse...

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