WAGNER v. CINCINNATI CAS. CO.

No. 2010AP1195.

800 N.W.2d 27 (2011)

2011 WI App 85

Marie K. WAGNER, Dick Wagner and West Bend Mutual Insurance Company, Plaintiffs, v. CINCINNATI CASUALTY COMPANY and Corporate Contractors, Inc., Defendants-Appellants, Mid-City Development Corp., Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed May 19, 2011.


Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Thomas A. Cabush and Patti J. Kurth of Kasdorf, Lewis & Swietlik, S.C., Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of John J. Laffey , Steven F. Stanaszak and Kristina C. Lemanski of Whyte Hirschboeck Dudek, S.C., Milwaukee.

Before LUNDSTEN, HIGGINBOTHAM and BLANCHARD, JJ.


BLANCHARD, J.

¶ 1 This case arises under the safe-place statute, WIS. STAT. § 101.11(1) (2009-10).1 Marie Wagner alleges that she was injured in the following way while sitting at her desk at work. Behind her desk was a double-hung window, meaning that it had an upper sash and a lower sash. The lower sash of the window allegedly came loose at its top and sides, and blew into the office, striking and injuring Wagner's head and...

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