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CLAYTON v. AMERICAN FAMILY MUT. INS. CO.

No. 2007AP51.

741 N.W.2d 297 (2007)

2007 WI App 228

Katrina CLAYTON, Plaintiff-Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY and Marvin Williams, Defendants-Respondents, State of Wisconsin Department of Health and Family Services, Subrogated-Plaintiff, Independent Health Care Plan, Intervening Plaintiff.

Court of Appeals of Wisconsin.

Opinion Filed September 25, 2007.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Victor C. Harding of Warshafsky, Rotter, Tarnoff & Bloch, S.C., Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the brief of Emile H. Banks, Jr. and Brenda M.S. Rivecca of Emile Banks & Associates, LLC, Milwaukee.

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

¶ 1 FINE, J.

Katrina Clayton, who was severely injured when she was run over by a car owned by Marvin Williams, appeals the circuit court's grant of summary judgment to Williams and his insurer, American Family Mutual Insurance Company. The circuit court ruled that Williams was protected against liability by Wisconsin's Good Samaritan statute, WIS. STAT. § 895.48(1). We conclude that there are genuine issues of material fact that need to be tried. Accordingly...

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