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WESTMAS v. CREEKSIDE TREE SERVICE, INC.

No. 2015AP1039.

907 N.W.2d 68 (2018)

2018 WI 12

John Y. WESTMAS Individually and as Special Administrator of the Estate of Jane L. Westmas and Jason Westmas, Plaintiffs-Appellants, v. CREEKSIDE TREE SERVICE, INC., Defendant-Respondent-Petitioner, Selective Insurance Company of South Carolina and ABC Insurance Company, Defendants-Respondents.

Supreme Court of Wisconsin.

OPINION FILED: February 7, 2018.

Attorney(s) appearing for the Case

For the defendant-respondent-petitioner, there were briefs filed by Benjamin A. Sparks , Patrick W. Brennan , Sarah Fry Bruch , and Crivello Carlson S.C., Milwaukee. There was an oral argument by Patrick W. Brennan.

For the plaintiffs-appellants there was a brief filed by Christopher A. Duesing , Susan R. Tyndall , and Habush Habush & Rottier, S.C., Waukesha. There was an oral argument by Susan Tyndall and Cristopher Duesing.

¶ 1 Jane Westmas was killed when a tree branch cut by Creekside Tree Service, Inc. ("Creekside") fell on her while she and her adult son were walking on a public path through the property of Conference Point Center. Conference Point had contracted with Creekside to trim and remove trees from its property. Jane...

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