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ESTATE OF BROWN v. MATHY CONST. CO.

No. 2007AP1543.

756 N.W.2d 417 (2008)

2008 WI App 114

ESTATE OF Joanna Randall BROWN, Estate of Dallas Nicole Brown and Clark Brown, Plaintiffs-Appellants, v. MATHY CONSTRUCTION COMPANY and ABC Insurance Company, Defendants-Third-Party Plaintiffs-Respondents, v. Mattison Contractors, Inc., Kraemer Company LLC, Valiant Insurance Company, Central State Signing, Inc., West Bend Mutual Insurance Company, Westport Insurance Company and General Casualty Company of Wisconsin, Third-Party Defendants.

Court of Appeals of Wisconsin.

Opinion Filed June 26, 2008.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Dan Arndt of Arndt, Buswell & Thorn S.C., Sparta.

On behalf of the defendants-third-party-plaintiffs-respondents, the cause was submitted on the brief of Michael S. Kreidler of Stich, Angell, Kreidler & Dodge, P.A., Minneapolis, MN.

Before DYKMAN, LUNDSTEN and BRIDGE, JJ.

¶ 1 DYKMAN, J.

The Estate of Joanna Brown appeals from an order granting summary judgment to Mathy Construction Company, a contractor for the Wisconsin Department of Transportation (DOT). Joanna and her daughter Dallas died when their car struck an exposed bridge abutment on a segment of a state highway that was under construction. The trial court held that under Estate of Lyons v. CNA Insurance Cos., 207 Wis.2d 446

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