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ROSARIO v. ACUITY & OLIVER ADJUSTMENT

No. 2006AP2421.

738 N.W.2d 608 (2007)

2007 WI App 194

Patricia ROSARIO, Plaintiff-Appellant, LaMacchia Enterprises, Inc., Involuntary-Plaintiff, v. ACUITY AND OLIVER ADJUSTMENT CO., INC., Defendants-Respondents.

Court of Appeals of Wisconsin.

July 10, 2007.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Robert A. Levine and Nicholas E. Petty of Law Offices of Robert A. Levine, of Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the brief of Thomas J. Binder and Christine M. Rice of Simpson & Deardorff, S.C., of Milwaukee.

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

¶ 1 WEDEMEYER, P.J.

Patricia Rosario appeals from a summary judgment order dismissing her action against Oliver Adjustment Company (Oliver) and its insurer, Acuity, for negligence and safe place violations. Because Rosario's claim for injuries due to a fall was based upon a structural defect, subject to the barring provision of the statute of repose, and not caused by an unsafe condition associated with a structure, we affirm.

I. BACKGROUND

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