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BRONFELD v. PEMBER COMPANIES, INC.

No. 2009AP2297.

792 N.W.2d 222 (2010)

2010 WI App 150

Beverly BRONFELD and Stewart Bronfeld, Plaintiffs-Appellants, v. PEMBER COMPANIES, INC. and West Bend Mutual Insurance Company, Defendants-Respondents, United States Centers for Medicare and Medicaid Services, Defendant.

Court of Appeals of Wisconsin.

Opinion Filed October 5, 2010.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of C.M. Bye and Martha H. Heidt , of Bye, Goff & Rohde, Ltd., River Falls.

On behalf of the defendants-respondents, the cause was submitted on the brief of Patrick G. Heaney of Thrasher, Pelish, Franti & Smith, Ltd., Rice Lake.

Before HOOVER, P.J., PETERSON and BRUNNER, JJ.

PETERSON, J.

¶ 1 Beverly and Stewart Bronfeld appeal from a summary judgment granted to Pember Companies, Inc., and its insurer. The Bronfelds allege Pember, a subcontractor working on a road construction project for the City of River Falls, negligently constructed barricades and safety signs and failed to maintain a safe site for the public. The trial court granted summary judgment to Pember, concluding it was an "agent" of the city and was therefore entitled...

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