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TATERA v. FMC CORP.

No. 2008AP170.

768 N.W.2d 198 (2009)

2009 WI App 80

Walter TATERA, deceased, and Vicki Tatera, individually and as Special Administrator of the Estate of Walter Tatera, Plaintiffs-Appellants v. FMC CORPORATION, Defendant-Respondent United Healthcare and American Medical Security, Subrogated Defendants, Kelsey-Hayes Company p/k/a K H Corporation, Defendant.

Court of Appeals of Wisconsin.

Opinion Filed May 12, 2009.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Jill Rakauski and Steven R. Penn of Penn Rakauski of Racine.

On behalf of the defendant-respondent, the cause was submitted on the brief of Mark S. Des Rochers of Celba & Des Rochers, LLP of Appleton.

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

¶ 1 BRENNAN, J.

Vicki Tatera, individually and as Special Administrator of the Estate of her deceased husband, Walter M. Tatera, appeals from a judgment entered after the trial court granted summary judgment to FMC Corporation in this product liability case. The trial court dismissed the case on the basis that Tatera had not presented a prima facie case for either a strict liability or a negligence claim. Tatera contends...

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