CASPER v. AMERICAN INTERN. SOUTH INS. CO.

Nos. 2006AP1229, 2006AP2512, 2007AP369.

800 N.W.2d 880 (2011)

2011 WI 81

Bryan CASPER, Susan Casper, Michael Casper, a minor, by his Guardian ad Litem, Thomas Casper, a minor, by his Guardian ad Litem, Sara Janey, a minor, by his Guardian ad Litem, and Sharon Janey, Plaintiffs-Respondents-Petitioners, Blue Cross Blue Shield United of Wisconsin, Primax Recoveries, Inc., Allstate Insurance Company, American Family Mutual Insurance Company and Milwaukee County Department of Health & Social Services, Involuntary-Plaintiffs, v. AMERICAN INTERNATIONAL SOUTH INSURANCE COMPANY, Mark Wearing, Bestway Systems, Inc., RJW, Inc., Transport Leasing/Contract, Inc., Applied Industrial Technologies, Inc., Jeffrey E. Wenham, United States Fidelity and Guaranty Company, Federal Insurance Company, Continental Casualty Company, and John Doe, Defendants, Ryder Truck Rental, Inc. and Old Republic Insurance Company, Defendants-Appellants. Bryan Casper, Susan Casper, Michael Casper, a minor, by his Guardian ad Litem, Thomas Casper, a minor, by his Guardian ad Litem, Sara Janey, a minor, by her Guardian ad Litem, and Sharon Janey, Plaintiffs-Appellants-Petitioners, Blue Cross Blue Shield United of Wisconsin, Primax Recoveries, Inc., Allstate Insurance Company, American Family Mutual Insurance Company and Milwaukee County Department of Health & Social Services, Involuntary-Plaintiffs, v. American International South Insurance Company, Mark Wearing, Bestway Systems, Inc., RJW, Inc., Transport Leasing/Contract, Inc., Applied Industrial Technologies, Inc., Jeffrey E. Wenham, Ryder Truck Rental, Inc., Old Republic Insurance Company, United States Fidelity and Guaranty Company, Federal Insurance Company, Continental Casualty Company and John Doe, Defendants, National Union Fire Insurance Company of Pittsburgh, PA., Defendant-Respondent. Bryan Casper, Susan Casper, Michael Casper, a minor, by his Guardian ad Litem, Thomas Casper, a minor, by his Guardian ad Litem, Sara Janey, a minor, by her Guardian ad Litem, and Sharon Janey, Plaintiffs-Respondents-Petitioners, Blue Cross Blue Shield United of Wisconsin, Primax Recoveries, Inc., Allstate Insurance Company, American Family Mutual Insurance Company and Milwaukee County Department of Health & Social Services, Involuntary-Plaintiffs, v. American International South Insurance Company, Mark Wearing, Bestway Systems, Inc., RJW, Inc., Transport Leasing/Contract, Inc., Applied Industrial Technologies, Inc., Ryder Truck Rental, Inc., Old Republic Insurance Company, United States Fidelity and Guaranty Company, Federal Insurance Company, Continental Casualty Company, National Union Fire Insurance Company of Pittsburgh, PA. and John Doe, Defendants, Jeffrey E. Wenham, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided July 19, 2011.


Attorney(s) appearing for the Case

For Plaintiffs-Respondents-Petitioners there were briefs by Monte E. Weiss and Charles W. Kramer and oral argument by Alan H. Deutch , Deutch & Weiss, LLC.

For the Defendants-Appellants there was a brief by Larry J. Britton and Shannon M. Trevithick , Britton & Associates, S.C.

For Plaintiffs-Appellants-Petitioners there were briefs by Alan H. Deutch , Charle W. Kramer , James L. McAlister and Monte E. Weiss , Deutch & Weiss, LLC, and oral argument by Monte E. Weiss .

For Defendant-Respondent there was a brief by Ross A. Anderson and Timothy H. Posnanski , Whyte Hirschboeck Dudek S.C., and oral argument by Ross A. Anderson .

For Defendant-Appellant-Petitioner there were briefs by Robert J. Lauer and Patti J. Kurth , Kasdorf, Lewis & Swietlik, S.C., and oral argument by Robert J. Lauer .

For Plaintiffs-Respondents-Petitioners there were briefs by Alan H. Deutch , Charle W. Kramer , James L. McAlister and Monte E. Weiss , Deutch & Weiss, LLC, and oral argument by Alan H. Deutch .

An amicus brief was filed by James A. Friedman and Katherine Stadler , Godfrey & Kahn, S.C., for the Wisconsin Insurance Alliance and the Wisconsin Civil Justice Council, Inc. and by Andrew C. Cook , The Hamilton Consulting Group LLC, for the Wisconsin Civil Justice Council, Inc.

An amicus brief was filed by Catherine M. Rottier , Boardman, Suhr, Curry & Field LLP, for Wisconsin Defense Counsel.


DAVID T. PROSSER, J.

¶ 1 This is a review of a published decision of the court of appeals, Casper v. American International South Insurance Co., 2010 WI App 2, 323 Wis.2d 80, 779 N.W.2d 444,1 affirming three orders of the Milwaukee County Circuit Court, Christopher R. Foley, Judge. The case arises out of a tragic accident that occurred when a truck driven...

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