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LAVINE v. HARTFORD ACC. & INDEMNITY

No. 86-1326.

140 Wis.2d 434 (1987)

410 N.W.2d 623

James R. LAVINE, by his Guardian, Andrew C. Ladd, Esq., Susan Lavine and Christine Lavine and Michele Lavine, Minors, by their Guardian ad Litem, Thomas K. Voss, Plaintiffs-Respondents, v. HARTFORD ACCIDENT & INDEMNITY CO., a foreign corporation, Oneida County, General Casualty Company of Wisconsin, a Wisconsin corporation, City of Rhinelander, Tower Insurance Co., Town of Crescent, ABC Insurance Co., DEF Insurance Co., GHI Insurance Co., JKL Insurance Co., MNO Insurance Co., and George Babl, Inc., a Wisconsin corporation, Defendants, BECHER-HOPPE ENGINEERS, INC., a Wisconsin corporation, Mann Bros. Sand & Gravel, Inc., a Wisconsin corporation, Pitlick & Wick, Inc., a Wisconsin corporation, and Sweeney Brothers, Inc., a Wisconsin corporation, Defendants-Co-Appellants.

Court of Appeals of Wisconsin.

Decided June 16, 1987.

Attorney(s) appearing for the Case

For the defendants-co-appellants, there were briefs for Sweeney Brothers, Inc., by J. Ric Gass and Mark D. Koss of Kasdorf, Lewis & Swietlik, S.C. of Milwaukee; for Becher-Hoppe Engineers, Inc., by Kevin P. Crooks of Crooks, Low & Connell, S.C.; for Pitlick & Wick, Inc., by Donald C. Straub of Straub & Schuch of Milwaukee.

For the defendant-co-appellant, Mann Bros. Sand & Gravel, Inc., there were briefs by Ronald L. Piette and Mark S. Nelson of Piette, Knoll & Nelson, S.C. of Milwaukee.

For the plaintiffs-respondents, there was a brief by Dean M. Horwitz and Hope K. Olson of Previant, Goldberg, Uelmen, Gratz, Miller & Brueggeman, S.C. of Milwaukee.

Before Cane, P.J., Myse and Eich, JJ.

CANE, P.J.

Several contractors connected with the construction of the Airport Industrial Park Service Road in Rhinelander (collectively referred to as Mann Bros.) appeal a nonfinal order denying their motions to dismiss the plaintiffs' (Lavine) action. They argues that the statute of limitations barred Lavine's action with respect to them. In addition, Mann Bros. argues that certain procedural defects deprived the trial court of jurisdiction. Lavine contends that...

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