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IN RE ESTATE RILLE EX REL. RILLE

No. 2005AP1407.

728 N.W.2d 693 (2007)

2007 WI 36

The ESTATE of Frank P. RILLE, by its Personal Representative, Susan RILLE, and Susan Rille, Plaintiffs-Respondents, Tommy Thompson, Secretary, Department of Health & Human Services, Involuntary-Plaintiff-Respondent, v. Physicians Insurance Company, Medical College of Wisconsin Affiliated Hospitals, Inc., and Sheila Galbraith, M.D., Defendants-Third-Party Plaintiffs-Appellants, v. Albertson's, Inc., Osco Drug, Inc., and ABC Insurance Company, Third-Party Defendants-Respondents.

Supreme Court of Wisconsin.

Decided March 23, 2007.

Attorney(s) appearing for the Case

For the defendants-third-party plaintiffs-appellants there were briefs by Michael B. Van Sicklen, Naikang Tsao, and Foley & Lardner LLP, Madison; Steven P. Sager, James Samuelsen, and Sager, Colwin, Samuelsen & Associates, S.C., Fond du Lac, and oral argument by Michael B. Van Sicklen.

For the third-party defendants-respondents there was a brief by William J. Katt, Mark D. Malloy, and Leib & Katt, S.C., Milwaukee, and oral argument by William J. Katt.

For the plaintiffs-respondents there was a brief by Edward E. Robinson and Cannon & Dunphy, S.C., Brookfield, and oral argument by Brett A. Eckstein.

An amicus curiae brief was filed by Linda V. Meagher and Habush Habush & Rottier, S.C., Milwaukee, on behalf of the Wisconsin Academy of Trial Lawyers.

ON CERTIFICATION FROM THE COURT OF APPEALS

¶ 1 SHIRLEY S. ABRAHAMSON, C.J.

This case is before the court on certification by the court of appeals, pursuant to Wis. Stat. § (Rule) 809.61 (2003-04).1 The circuit court for Waukesha County, Mark S. Gempeler, Judge, granted the motion of the third-party defendants, Albertson's, Inc. and Osco Drug, Inc., (collectively referred...

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