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McNEIL v. HANSEN

No. 2005AP423.

731 N.W.2d 273 (2007)

2007 WI 56

Karl McNEIL, Plaintiff-Appellant, v. Brandon HANSEN and Maryland Casualty Company, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided May 18, 2007.

Attorney(s) appearing for the Case

For the plaintiff-appellant there were briefs by John A. Becker and Becker, French & DeMatthew, Racine, and oral argument by John A. Becker.

For the defendants-respondents there was a brief by Edward W. Stewart, Danielle R. McCollister, and Lowe & Associates, Waukesha, and oral argument by Edward W. Stewart.

An amicus curiae brief was filed by James A. Friedman, Linda S. Schmidt, and LaFollette Godfrey & Kahn, Madison, on behalf of Wisconsin Manufacturers & Commerce.

¶ 1 PATIENCE DRAKE ROGGENSACK, J.

This case comes to us on certification from the court of appeals. The circuit court concluded that Brandon Hansen's (Hansen) action of reaching through an automobile's window and attempting to start the vehicle by turning the key did not constitute "operation of a motor vehicle" as that term is used in an exception to the exclusive remedy provision of the Worker's Compensation Act...

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