Ruben Baez GODOY, a minor, By his guardian ad litem, Susan M. GRAMLING, Plaintiff-Appellant-Petitioner,
v.
E.I. DU PONT DE NEMOURS AND COMPANY, The Sherwin-Williams Company, American Cyanamid Company, Armstrong Containers, Defendants-Respondents,
Walter Stankowski, Wayne Stankowski and Wisconsin Electric Power Company, Defendants,
Acuity, Intervenor-Defendant.
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
Argued September 10, 2008.
Decided July 14, 2009.
Attorney(s) appearing for the Case
For the plaintiff-appellant-petitioner briefs were by Peter G. Earle and Law Offices of Peter Earle, LLC, Milwaukee; and Jonathan D. Orent, Fidelma Fitzpatrick, and Motley Rice, LLC, Providence, R.I., and oral argument was by Peter G. Earle and Fidelma Fitzpatrick.
For the defendants-respondents E.I. du Pont de Nemours & Company, The Sherwin-Williams Company, and Armstrong Containers, Incorporated, there were briefs by Paul E. Benson, Nathaniel Cade, Jr., and Michael Best & Friedrich LLP, Milwaukee; Steven R. Williams, Joy C. Fuhr, R. Trent Taylor, and McGuire Woods LLP, Richmond, Va.; Timothy A. Bascom and Bascom, Budish, & Ceman, S.C., Wauwatosa; Robert P. Alpert, Jeffrey K. Douglass, and Morris, Manning & Martin, LLP, Atlanta, Ga.; Jeffrey K. Spoerk, Christopher G. Meadows, Cheri L. Baden, and Quarles & Brady LLP, Milwaukee; and Robert S. Walker, Laura A. Meaden, Rebekah B. Kcehowski, and Jones Day, Pittsburgh, Pa., and oral argument by Joy C. Fuhr.
For the defendant-respondent American Cyanamid Company, there was a brief by Richard W. Mark, Elyse D. Echtman, and Orrick, Herrington & Sutcliffe, LLP, New York, N.Y.; and Ralph A. Weber, Beth Ertmatinger Hanan, Daniel S. Elger, and Gass Weber Mullins LLC, Milwaukee, and oral argument by Richard W. Mark.
An amicus curiae brief was filed by Stephanie A. Scharf, Sarah R. Marmor, and Schoeman, Updike, Kaufman & Scharf, Chicago, Ill.; and Colleen D. Ball, Wauwatosa, on behalf of The Product Liability Advisory Council.
An amicus curiae brief was filed by R. George Burnett, and Liebmann, Conway, Olejniczak & Jerry SC, Green Bay, on behalf of Miller Brewing Company, S.C. Johnson & Son, Wisconsin Knife Works, Midwest Food Processors Association, and Wisconsin Dairy Business Association.
An amicus curiae brief was filed by James A. Pelish and Thrasher, Pelish, Franti & Smith Ltd., Rice Lake, on behalf of the Civil Trial Counsel of Wisconsin and The Metropolitan Milwaukee Association of Commerce.
An amicus curiae brief was filed by Gregory B. Conway and Liebmann, Conway, Olejniczak & Jerry SC, Green Bay, on behalf of Hydrite Chemical Co.
An amicus curiae brief was filed by Rhonda L. Lanford and Habush Habush & Rottiers S.C., Madison, on behalf of the Wisconsin Association for Justice.
Supreme Court of Wisconsin.
¶ 1 ANN WALSH BRADLEY, J.
The petitioner, Ruben Baez Godoy, seeks review of a published court of appeals decision affirming the circuit court's order dismissing his defective design claims in strict liability and negligence against manufacturers of white lead carbonate pigment.1 The issue presented here is whether the circuit court correctly concluded that Godoy's complaint failed to state a claim of defective design where (1) the...
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