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DOSTAL v. MILLERS NAT. INS. CO.

No. 85-1548.

137 Wis.2d 242 (1987)

404 N.W.2d 90

Carl DOSTAL and Michael C. Dostal, a minor, by Leon S. Schmidt, Jr., his Guardian ad Litem, Plaintiffs-Respondents and Cross-Appellants, Jane DOSTAL, Plaintiff-Respondent, v. MILLERS NATIONAL INSURANCE COMPANY, an Illinois corporation, and Hubert Monroe, Defendants and Third-Party Plaintiffs-Appellants and Cross-Respondents, H. MONROE, INC., a Wisconsin corporation, Defendant and Third-Party Plaintiff-Appellant, HERITAGE MUTUAL INSURANCE COMPANY, a domestic insurance corporation, Third-Party Defendant-Defendant on Cross-Claim and Cross-Appellant.

Court of Appeals of Wisconsin.

Decided February 12, 1987.

Attorney(s) appearing for the Case

For the defendants and third-party plaintiffs-appellants the cause was submitted on the briefs of Carroll E. Metzner, Barrett J. Corneille and Jan A. Smokowicz and Bell, Metzner & Gierhart, S.C., of Madison.

For the respondent and cross-appellant Michael Dostal the cause was submitted on the briefs of Kevin F. Milliken and Stephen P. Hurley and Aagaard, Hurley, Burish & Milliken, S.C. of Madison.

For the respondents and cross-appellants Heritage Mutual Insurance Company and Carl Dostal the cause was submitted on the brief of Francis J. Podvin and Richard D. Weymouth and Nash, Podvin, Detlefsen, Tuchscherer & Weymouth, S.C. of Wisconsin Rapids.

Before Dykman, J., Eich and Sundby, JJ.

EICH, J.

The appeal and cross-appeal in this twice-tried dogbite case present several issues relating to the award of treble damages under sec. 174.04, Stats. (1979-80), and the propriety of various rulings by the trial court.

Michael Dostal, a minor, was bitten by a dog owned by Hubert Monroe. Michael and his parents, Carl and Jane Dostal, sued Monroe1 and his insurer, Millers National Insurance Company, for damages. Monroe counterclaimed...

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