ESTATE OF KRIEFALL v. SIZZLER USA FRANCHISE

Nos. 2009AP1212, 2010AP491.

816 N.W.2d 853 (2012)

2012 WI 70

ESTATE OF Brianna KRIEFALL, deceased, by her Special Administrator, Douglas A. Kriefall, Connie J. Kriefall and Chad Kriefall, a minor, by his Guardian ad Litem, Plaintiffs, v. SIZZLER USA FRANCHISE, INC., Defendant-Respondent-Cross-Appellant-Cross Petitioner, E & B Management Co., Waukesha, d/b/a Sizzler, Sizzler USA and Secura Insurance, Defendants, Excel Corporation and American Home Assurance Co., Defendants-Appellants-Cross-Respondents-Petitioners. Estate of Brianna Kriefall, deceased, by her Special Administrator, Douglas A. Kriefall, Connie J. Kriefall and Chad Kriefall, a minor, by his Guardian ad Litem, Plaintiffs, v. Sizzler USA, Defendant, Sizzler USA Franchise, Inc., Defendant-Respondent-Cross Petitioner, Secura Insurance, Defendant-Respondent-Cross-Appellant, E & B Management Co., Waukesha, d/b/a Sizzler, Defendant-Respondent-Cross-Appellant-Cross Petitioner, American Home Assurance Co. and Excel Corporation, Defendants-Appellants-Cross-Respondents-Petitioners.

Supreme Court of Wisconsin.

Decided June 29, 2012.


Attorney(s) appearing for the Case

For the defendants-appellants-cross-respondents-petitioners there were briefs filed by Nora E. Gierke , Rebecca E. Frihart and Reinhart Boerner VanDeuren, S.C., Milwaukee, William C. Buhay , Earl W. Gunn , David I. Matthews and Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC, Atlanta, Barbara I. Michaelides , Paula M. Carstensen and Bates, Carey Nicolaides, LLP, Chicago, and oral argument by Paula M. Carstensen.

For the defendants-third-party-plaintiff-appellant there were briefs filed by Terry E. Johnson , Ronald G. Pezze, Jr. and Peterson, Johnson & Murray, S.C. Milwaukee and oral argument by Terry E. Johnson.

For the defendant-respondent-cross petitioner there were briefs filed by Russell A. Klingaman , Noah D. Fiedler and Hinshaw & Culbertson LLP, Milwaukee, Frederic L. Gordon and Gordon & Holmes, APC, San Diego, and oral argument by Frederic L. Gordon.


PATIENCE DRAKE ROGGENSACK, J.

¶ 1 This is a review of a published decision of the court of appeals1 that affirmed in part and reversed in part the judgment of the Circuit Court for Milwaukee County.2 The questions before this court stem from damages sustained because of food contaminated by E. coli 0157:H7 pathogens at two Sizzler Steak House restaurants in...

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