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GULBRANDSEN v. H & D, INC.

No. 2008AP2990.

773 N.W.2d 506 (2009)

2009 WI App 138

Judith GULBRANDSEN and Peter Gulbrandsen, Plaintiffs-Appellants, Aetna Life Insurance Company, d/b/a Aetna U.S. Healthcare, Subrogated-Plaintiff-Appellant v. H & D, INC., d/b/a Sunset Family Restaurant and Society Insurance, a Mutual Company, Defendants-Respondents, Olympia-Waukesha LLC, a/k/a Olympia III LLC and ABC Insurance Company, Defendants.

Court of Appeals of Wisconsin.

Opinion Filed August 26, 2009.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Jean J. Brown of Jastroch & LaBarge, S.C., Waukesha.

On behalf of the defendants-respondents, the cause was submitted on the brief of Michelle D. Johnson of Simpson & Deardorff, S.C., Milwaukee.

Before NEUBAUER, P.J., ANDERSON and SNYDER, JJ.

¶ 1 NEUBAUER, P.J.

Judith Gulbrandsen and Peter Gulbrandsen, along with their insurer, Aetna Life Insurance Company, appeal from a summary judgment in favor of Sunset Family Restaurant and Society Insurance. The Gulbrandsens brought this action against Sunset alleging common law negligence and violation of the Wisconsin safe place statute, WIS. STAT. ch. 101 (2007-08),1 after Judith was allegedly injured during a fall caused by a...

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