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JUSTIN M.P. v. SOLSRUD

No. 94-2293.

191 Wis.2d 805 (1995)

530 N.W.2d 59

JUSTIN M.P. and Daniel M.P., by their guardian ad litem Archie Simonson, Plaintiffs-Appellants, v. Glenn SOLSRUD, d/b/a Glenn A. Solsrud Enterprises and as Glenn A. Solsrud, Inc., and The Goodyear Tire & Rubber Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided February 28, 1995.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the brief of Archie Simonson, Madison.

For the defendants-respondents the cause was submitted on the brief of John Koeppl of DeWitt Ross & Stevens, S.C., Madison.

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

MYSE, J.

Justin and Daniel M.P. appeal a summary judgment dismissing their derivative claim for loss of consortium resulting from a substantial and disabling injury their father suffered as a result of a construction site accident. Justin and Daniel contend that the trial court erred by granting the defendant's motion for summary judgment because it was not feasible for them to join in their father's lawsuit to assert their claim. Because we conclude that Justin and...

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