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TESAR v. ANDERSON

No. 2009AP1993.

789 N.W.2d 351 (2010)

2010 WI App 116

Shannon E. TESAR, Plaintiff-Appellant, v. Brett R. ANDERSON, Randal L. Anderson and American Family Mutual Insurance Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed July 29, 2010.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Tracy N. Tool of Bye, Goff & Rohde, Ltd., River Falls.

On behalf of the defendants-respondents, the cause was submitted on the brief of David A. Ray of First Law Group S.C., Stevens Point.

On behalf of the defendant-respondent, American Family Mutual Insurance Company, the cause was submitted on the brief of Michael J. Roman of Zalewski, Klinner & Kramer, LLP, Wausau.

Before DYKMAN, P.J., LUNDSTEN and HIGGINBOTHAM, JJ.

DYKMAN, P.J.

¶ 1 Shannon E. Tesar appeals from a summary judgment dismissing American Family Mutual Insurance Company from this negligence action arising from an automobile accident.1 We conclude that the trial court erred by granting summary judgment to American Family. We therefore reverse and remand for further proceedings consistent with this opinion.

¶ 2 Apart from a tragic result, the facts here are similar to those...

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