Great West Casualty Company, Inc. v. Wisconsin Electric Power Company
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SUPREME COURT OF WISCONSIN Case No.: 94-1991 Complete Title of Case: Jane DeRuyter, Jason DeRuyter and Travis DeRuyter, by Donald J. Jacquart, their Guardian Ad Litem and the Estate of Glenn R. DeRuyter, by Eric E. Eberhardt, Special Administrator of the Estate of Glenn R. DeRuyter, Plaintiffs-Respondents-Co-Petitioner, v. Wisconsin Electric Power Company, Defendant-Appellant, Great West Casualty Company, Inc., Defendant-Respondent-Petitioner, American Standard Insurance Company and Michael T. Schmaling, Defendants-Respondents, Employers Insurance of Wausau, A Mutual Company, Defendant. ------------------------------------Great West Casualty Company, Inc., JJ Transport, Inc., Power Transport, Inc., and Cedarland Trucking, Inc., Plaintiffs-Respondents-CoPetitioners, v. Wisconsin Electric Power Company, Defendant-Appellant, American Standard Insurance Company of Wisconsin and Michael T. Schmaling, Defendants-Respondents. ON REVIEW OF A DECISION OF THE COURT OF APPEALS Reported at: 200 Wis. 2d 349, 546 N.W.2d 534 (Ct. App. 1996) PUBLISHED Opinion Filed: Submitted on Briefs: Oral Argument: June 20, 1997 March 5, 1997 Source of APPEAL COURT: COUNTY: JUDGE: Circuit Milwaukee John E. McCormick JUSTICES: Concurred: Dissented: Not Participating: ATTORNEYS: Crooks, J., did not participate. For the defendant/plaintiff-respondent- petitioner/co-petitioner, Great West Casualty Company, Inc., there were briefs by Douglas J. Carroll, and O'Neill, Schimmel, Quirk & Carroll, S.C., Milwaukee. For the plaintiffs-respondents-co-petitioners there were briefs by David P. Lowe, Donald J. Jacquart and Jacquart & Lowe, S.C., Milwaukee and Michael P. Crooks and Peterson, Johnson & Murray, S.C., Madison and oral argument by David P. Lowe and Michael P. Crooks. For the defendant-appellant there was a brief by Jeffrey Morris and Quarles & Brady, Milwaukee and oral argument by Jeffrey Morris. Amicus curiae brief was filed by Michael H. Gillick and Murphy, Gillick, Wicht & Prachthauser, Milwaukee for the Wisconsin Academy of Trial Lawyers. Amicus curiae brief was filed by Patrick K. Stevens, Werner E. Scherr, Jeffrey S. Meyer, Michael A. Greene, Jerome D. Okarma and Edwina A. Wilson for Manufacturers & Commerce, Milwaukee Transport Servcies, Inc., Harnischfeger Industries, Inc., Johnson Controls, Inc., Wisconsin Bell, Inc., and General Electric Medical Systems. No. 94-1991 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 94-1991 STATE OF WISCONSIN : Jane DeRuyter, Jason DeRuyter and Travis DeRuyter, by Donald J. Jacquart, their Guardian Ad Litem and the Estate of Glenn R. DeRuyter, by Eric E. Eberhardt, Special Administrator of the Estate of Glenn R. DeRuyter, Plaintiffs-Respondents-Co-Petitioner, v. Wisconsin Electric Power Company, Defendant-Appellant, Great West Casualty Company, Inc., Defendant-Respondent-Petitioner, American Standard Insurance Company and Michael T. Schmaling, Defendants-Respondents, Employers Insurance of Wausau, A Mutual Company, Defendant. Great West Casualty Company, Inc., JJ Transport, Inc., Power Transport, Inc., and Cedarland Trucking, Inc., Plaintiffs-Respondents-CoPetitioners, v. 1 IN SUPREME COURT FILED JUN 20, 1997 Marilyn L. Graves Clerk of Supreme Court Madison, WI No. 94-1991 Wisconsin Electric Power Company, Defendant-Appellant, American Standard Insurance Company of Wisconsin and Michael T. Schmaling, Defendants-Respondents. REVIEW of a published decision of the Court of Appeals1 reversing the decision of the County, John E. McCormick, Judge. ¶1 to PER CURIAM. affirm or Circuit Court for Milwaukee Affirmed. This court is equally divided on whether reverse the decision of the court of appeals. Justice Donald W. Steinmetz, Justice Jon P. Wilcox, and Justice Ann Walsh Bradley would affirm; Chief Justice Shirley S. Abrahamson, Justice William A. Bablitch, and Justice Janine P. Geske would reverse. Justice N. Patrick Crooks did not participate. ¶2 Accordingly, the decision of the court of appeals is affirmed. 1 DeRuyter v. Wisconsin Electric Power Co., 200 Wis. 2d 349, 546 N.W.2d 534 (Ct. App. 1996). 2
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