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LEITINGER v. DBART, INC.

No. 2005AP2030.

736 N.W.2d 1 (2007)

2007 WI 84

Joseph LEITINGER, Bonnie Leitinger and Services Unlimited, Plaintiffs-Appellants, v. DBART, INC., d/b/a Barthenheier Construction, Inc., and Heritage Mutual Insurance Company, n/k/a Acuity, a mutual insurance company, Defendants-Respondents-Petitioners, Van Buren Management, Inc., American Economy Insurance Company and Compcare Health Services Insurance Corp., Defendants.

Supreme Court of Wisconsin.

Decided July 3, 2007.

Attorney(s) appearing for the Case

For the defendants-respondents-petitioners there were briefs by Arthur P. Simpson, Christine M. Rice, and Simpson & Deardorff, S.C., Milwaukee, and oral argument by Arthur P. Simpson.

For the plaintiffs-appellants there was a brief by Timothy J. Aiken, James C. Gallanis, and Aiken & Scoptur, S.C., Milwaukee, and oral argument by Timothy J. Aiken.

An amicus curiae brief was filed by Martha H. Heidt, M H Heidt Law Office, Mondovi, on behalf of the Wisconsin Academy of Trial Lawyers.

¶ 1 SHIRLEY S. ABRAHAMSON, Chief Justice.

This is a review of a published decision of the court of appeals1 reversing a judgment of the Circuit Court for Milwaukee County, Jeffrey A. Kremers, Judge.

¶ 2 Joseph Leitinger and Bonnie Leitinger, his wife, and Services Unlimited2 (collectively referred to as Leitinger) sued several defendants, collectively referred to as Acuity,

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