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PAGEL v. MARCUS CORP.

No. 2007AP1369.

756 N.W.2d 447 (2008)

2008 WI App 110

Briane F. PAGEL, Jr. and Joy Pagel, Plaintiffs-Appellants, v. MARCUS CORPORATION d/b/a Hilton Milwaukee City Center, Defendant, Milwaukee City Center LLC, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed June 3, 2008.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of J. David Krekeler and Anthony Baer of Krekeler Strother, S.C., of Madison.

On behalf of the defendant-respondent, the cause was submitted on the brief of Ronald G. Pezze, Jr. and Ahndrea R. Van Den Elzen of Peterson, Johnson & Murray, S.C., of Milwaukee.

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

¶ 1 KESSLER, J.

Briane F. Pagel, Jr., and Joy Pagel (individually and collectively, Pagel) appeal from an order granting summary judgment to Milwaukee City Center LLC (MCC), dismissing all claims by Pagel against it. Pagel asserts that the trial court erred when it applied § 388 of the RESTATEMENT (SECOND) OF TORTS to the facts here, and concluded that the hazard, which Pagel claims caused his injury, was open...

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