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MILWAUKEE TRANSPORT v. FAMILY DOLLAR STORES

No. 2012AP2538.

840 N.W.2d 132 (2013)

351 Wis.2d 170

2013 WI App 124

MILWAUKEE TRANSPORT SERVICES, INC., Plaintiff-Appellant, v. FAMILY DOLLAR STORES OF WISCONSIN, INC., Defendant-Respondent, Jessica M. Reyna, Artisan and Truckers Casualty Company (a Division of Progressive Casualty Insurance Company), Juan Romero, Guadalupe Montoto and Badger Mutual Insurance Company, Defendants.

Court of Appeals of Wisconsin.

Opinion Filed September 17, 2013.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Karri E. Johnson and Patti J. Kurth of Emile Banks & Associates, LLC, of Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of Joseph M. Wirth and Matthew L. Granitz of Piper & Schmidt of Milwaukee.

Before CURLEY, P.J., FINE and KESSLER, JJ.

KESSLER, J.

¶ 1 Milwaukee Transport Services, Inc. appeals an order of the circuit court granting summary judgment in favor of Family Dollar Stores of Wisconsin, Inc. (Family Dollar). The circuit court found that Jessica Reyna, an employee of Family Dollar, was not acting within the scope of her employment when she was on her way to work and was involved in an accident with a Milwaukee County bus, thereby relieving Family Dollar of all liability to Milwaukee...

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