RICHARDS v. BADGER MUT. INS. CO.

No. 2005AP2796.

749 N.W.2d 581 (2008)

2008 WI 52

Michelle RICHARDS, Plaintiff-Respondent-Petitioner, v. BADGER MUTUAL INSURANCE COMPANY, Defendant-Third-Party Plaintiff-Appellant. David Schrimpf, Defendant-Third-Party Plaintiff, v. Tomakia Pratchet, Third-Party Defendant.

Supreme Court of Wisconsin.

Decided June 3, 2008.


Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner there were briefs by James J. Murphy, Keith R. Stachowiak and Murphy & Prachthauser, Milwaukee, and oral argument by Keith R. Stachowiak.

For the defendant-third-party plaintiff-appellant there was a brief by Eric S. Darling and Schmidt, Darling & Erwin, Milwaukee, and oral argument by Eric S. Darling.

An amicus curiae brief was filed by Ralph A. Weber, Beth Ermatinger Hanan and Gass Weber Mullins LLC, Milwaukee, and oral argument by Ralph A. Weber, on behalf of Civil Trial Counsel of Wisconsin.

An amicus curiae brief was filed by James A. Friedman, Joshua P. Dau and Godfrey & Kahn S.C., Madison, on behalf of the Wisconsin Insurance Alliance and the Property Casualty Insurers Association of America, and oral argument by James A. Friedman.

An amicus curiae brief was filed by William C. Gleisner, III, on behalf of the Wisconsin Academy of Trial Lawyers.


¶ 1 PATIENCE DRAKE ROGGENSACK, J.

We are asked to review a decision of the court of appeals that reversed the circuit court's decision,1 which concluded that the stipulated facts of this case present a "common scheme or plan" that invokes joint and several liability under Wis. Stat. § 895.045(2) (2005-06).2 We affirm the court of appeals.

¶ 2 We conclude as follows: (1) Wis. Stat. §...

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