Hjalmer Heikkinen v. United Services Automobile Assn.
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2007 WI 124 SUPREME COURT CASE NO.: COMPLETE TITLE: OF WISCONSIN 2005AP1638 Hjalmer C. Heikkinen, Kim Heikkinen, Special Administrator of the Estate of Amelia Heikkinen, State of Wisconsin Department of Health and Family Services and Tommy G. Thompson Secretary, Department of Health and Human Services, Plaintiffs-Respondents, v. United Services Automobile Association and Margaret E. Morse, Defendants-Third-Party Plaintiffs-Respondents, v. The Catholic Mutual Relief Society of America and Archdiocese of Milwaukee, Defendants-Third-Party Defendants-Appellants-Petitioners. REVIEW OF A DECISION OF THE COURT OF APPEALS 2006 WI App 207 Reported at: 296 Wis. 2d 438, 724 N.W.2d 243 (Ct. App. 2006-Published) OPINION FILED: SUBMITTED ON BRIEFS: ORAL ARGUMENT: October 12, 2007 September 12, 2007 SOURCE OF APPEAL: COURT: COUNTY: JUDGE: Circuit Milwaukee Michael Guolee JUSTICES: CONCURRED: DISSENTED: NOT PARTICIPATING: CROOKS, J., did not participate. ATTORNEYS: For the defendants-third-party defendants-appellantspetitioners there were briefs by Frank L. Steeves, O. Thomas Armstrong, Jr. and von Briesen & Roper, S.C., Milwaukee, and oral argument by O. Thomas Armstrong, Jr. For the defendants-third-party plaintiffs-respondents there was a brief filed by Terry E. Johnson, Frederick J. Smith, Michael D. Crooks, and Peterson, Johnson & Murray, S.C., Milwaukee, and oral argument by Terry E. Johnson. For the plaintiffs-respondents there was a brief filed by Don C. Prachthauser, Kevin J. Kukor, and Murphy & Prachthauser, Milwaukee, and oral argument by Don C. Prachthauser. An amicus brief was filed by Michael B. Apfeld, Milwaukee, on behalf of the Defense Research Institute. An amicus brief was filed by William C. Gleisner, III and the Law Offices of Wm. Gleisner, Milwaukee, and Lynn R. Laufenberg and Laufenberg & Hoefle, S.C., Milwaukee, on behalf of the Wisconsin Academy of Trial Lawyers. 2 2007 WI 124 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2005AP1638 (L.C. No. 2003CV1267) STATE OF WISCONSIN : IN SUPREME COURT Hjalmer C. Heikkinen, Kim Heikkinen, Special Administrator of the Estate of Amelia Heikkinen, State of Wisconsin Department of Health and Family Services, and Tommy G. Thompson, Secretary, Department of Health and Human Services, Plaintiffs-Respondents, FILED v. United Services Automobile Association and Margaret E. Morse, Defendants-Third-Party PlaintiffsRespondents, OCT 12, 2007 David R. Schanker Clerk of Supreme Court v. The Catholic Mutual Relief Society of America and Archdiocese of Milwaukee, Defendants-Third-Party DefendantsAppellants-Petitioners. REVIEW of a decision of the Court of Appeals. ¶1 question PER CURIAM. of whether Affirmed. The court is equally divided on the the published decision of the court of No. appeals, Heikkinen v. United Services Automobile 2005AP1638 Association, 2006 WI App 207, 296 Wis. 2d 438, 724 N.W.2d 243, should be affirmed or reversed. CHIEF JUSTICE SHIRLEY S. ABRAHAMSON, JUSTICE ANN WALSH BRADLEY, and JUSTICE LOUIS B. BUTLER, JR., would affirm; JUSTICE DAVID T. PROSSER, JUSTICE PATIENCE DRAKE ROGGENSACK, and JUSTICE ANNETTE KINGSLAND ZIEGLER would reverse. JUSTICE N. PATRICK CROOKS did not participate. ¶2 Accordingly, the decision of the court of appeals is affirmed. 2 No. 1 2005AP1638
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