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HARDY v. HOEFFERLE

No. 2006AP2861.

743 N.W.2d 843 (2007)

2007 WI App 264

Aaron R. HARDY, Plaintiff, Donald Hardy and Tonna Hardy, Plaintiffs-Respondents, Taylor County, Weather Shield Health Plan and Delta Dental of Wisconsin, Inc., Involuntary-Plaintiffs, v. Gary L. HOEFFERLE and Acuity, a Mutual Insurance Company, Defendants-Appellants.

Court of Appeals of Wisconsin.

Opinion Filed November 6, 2007.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, Acuity, and Gary L. Hoefferle, the cause was submitted on the briefs of Terrance E. Davczyk and Gottlieb J. Marmet of Davezyk & Varline, LLC of Wausau.

On behalf of the plaintiffs-respondents, Aaron Hardy, Donald Hardy and Tonna Hardy, the cause was submitted on the brief of Dixon R. Gahnz of Pitman, Kyle & Sicula, S.C. of Watertown.

Before HOOVER, P.J., PETERSON and BRUNNER, JJ.

¶ 1 BRUNNER, J.

Gary Hoefferle appeals a summary judgment dismissing his counterclaim for contribution against Donald and Tonna Hardy in a personal injury case. Hoefferle contends the circuit court erred when concluding that his claims for Donald and Tonna's alleged negligence were statutorily precluded. He also contends the court erred by concluding his counterclaim was barred by a Loy release1 and covenant not to sue. We...

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