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MARTINE v. WILLIAMS

No. 2010AP1426.

799 N.W.2d 449 (2011)

2011 WI App 68

Adam MARTINE and Christen Martine, Plaintiffs-Appellants, MercyCare Insurance Company, Involuntary-Plaintiff, v. Quentin J. WILLIAMS and Sentry Insurance Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed April 21, 2011.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of James A. Carney and Jennifer N. Dye of Carney, Davies & Thorpe, LLC, Janesville.

On behalf of the defendants-respondents, the cause was submitted on the brief of Nathan J. Bayer and Patrick W. Brennan of Crivello Carlson, S.C., Milwaukee.

Before VERGERONT, P.J., LUNDSTEN and SHERMAN, JJ.

SHERMAN, J.

¶ 1 Adam Martine and his wife, Christen Martine, appeal a judgment of the circuit court dismissing their negligence action against Quentin Williams and Williams' insurer, Sentry Insurance Company (collectively Williams), on summary judgment. The circuit court determined that the Martines' exclusive remedy is the Wisconsin's Worker's Compensation Act (the "Act") because Adam, who had previously filed a worker's compensation action against his employer...

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