LEVERENCE v. PFS CORP.

No. 93-3447.

193 Wis.2d 317 (1995)

532 N.W.2d 735

Betty LEVERENCE, Thomas Leverence, Ellen Schneider, Eugene Schneider, David Sleight, et al., Plaintiffs-Respondents, v. PFS CORPORATION, f/k/a Product Fabrication Service Corporation and Employers Insurance of Wausau, Defendants-Appellants.

Supreme Court of Wisconsin.

Decided June 8, 1995.


Attorney(s) appearing for the Case

For the defendants-appellants there were briefs (in the Court of Appeals) by Timothy J. Muldowney, Jeffrey J. Kassel, Robert J. Dreps and LaFollette & Sinykin; Rhea A. Myers and Wheeler, Van Sickle & Anderson, S.C., all of Madison and oral argument by Jeffrey J. Kassel.

For the plaintiffs-respondents there was a brief in the Court of Appeals) by James A. Olson, Steven J. Schooler and Lawton & Cates, S.C., Madison and oral argument by James A. Olson.

Amicus curiae brief was filed (in the Supreme Court) by Stephen E. Meili, counsel, Madison, for the Center for Public Representation, Inc.

Amicus curiae brief was filed (in the Court of Appeals) by Mark L. Thomsen and Cannon & Dunphy, S.C., Milwaukee for the Wisconsin Academy of Trial Lawyers.

Amicus curiae brief was filed (in the Court of Appeals) by Steven C. Zach and Boardman, Suhr, Curry & Field, Madison for the Civil Trial Counsel of Wisconsin.

Amicus curiae brief was filed (in the Court of Appeals) by James M. Fergal and Schellinger & Doyle, S.C., Brookfield for the Alliance of American Insurers.

Amicus curiae brief was filed (in the Court of Appeals) by Eric Englund, counsel and Patrick K. Stevens, counsel, all of Madison, for the Wisconsin Insurance Alliance and Wisconsin Manufacturers and Commerce.


JANINE P. GESKE, J.

This case is before the court on certification by the court of appeals, pursuant to § 809.61, Stats. The defendants-appellants, PFS Corporation and its insurer, Employers Insurance of Wausau (collectively PFS), have been parties to two previous appeals1 in which occupants of homes constructed by Tri-State Homes, Inc. (Tri-State) sought damages from PFS for bodily injuries...

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