(93-CV-009620) Jane DERUYTER, Jason DeRuyter and Travis DeRuyter, By Donald J. Jacquart, Their Guardian Ad Litem and the Estate of Glenn R. DeRuyter, By Eric E. Eberhardt, Special Administrator of the Estate of Glenn R. DeRuyter, Plaintiffs-Respondents,
v.
WISCONSIN ELECTRIC POWER COMPANY, Defendant-Appellant,
AMERICAN STANDARD INSURANCE COMPANY, Michael T. Schmaling, Great West Casualty Company, Inc. and Employers Insurance of Wausau, a Mutual Company, Defendants-Respondents.
GREAT WEST CASUALTY COMPANY, INC., JJ Transport, Inc., Power Transport, Inc., and Cedarland Trucking, Inc., Plaintiffs-Respondents,
v.
WISCONSIN ELECTRIC POWER COMPANY, Defendant-Appellant,
AMERICAN STANDARD INSURANCE COMPANY OF WISCONSIN and Michael T. Schmaling, Defendants-Respondents.
Court of Appeals of Wisconsin.https://leagle.com/images/logo.png
Submitted on briefs May 3, 1995.
Decided February 27, 1996.
Attorney(s) appearing for the Case
For defendant-appellant Wisconsin Electric Power Company the cause was submitted on the briefs of Jeffrey Morris of Quarles & Brady of Milwaukee.
For the plaintiffs-respondents the cause was submitted on the briefs of David P. Lowe and Donald J. Jacquart of Jacquart & Lowe, S.C. , of Milwaukee, and Michael P. Crooks of Peterson, Johnson & Murray, S. C. , of Madison.
For defendant-respondent Great West Casualty Company, Inc., the cause was submitted on the briefs of Douglas J. Carroll of O'Neill, Schimmel, Quirk & Carroll, S.C., of Milwaukee.
Amicus Curiae brief was filed by Patrick K. Stevens of Madison, Werner E. Scherr of Kasdorf, Lewis & Swietlik, S.C., of Milwaukee, Jeffrey S. Meyer of Brookfield, Michael A. Greene of Milwaukee, Jerome D. Okarma of Milwaukee, and Edwina A. Wilson of Waukesha, for Wisconsin Manufacturers & Commerce, Milwaukee Transport Services, Inc., Harnischfeger Industries, Inc., Johnson Controls, Inc., Wisconsin Bell, Inc., and General Electric Medical Systems.
Before Sullivan, Fine and Schudson, JJ.
Court of Appeals of Wisconsin.
SULLIVAN, J.
In this case we reaffirm the inveterate rule of law in Wisconsin that an employee is acting within the scope of his or her employment while driving to or from work only if the employer exercises control over the method or route of the employee's travel. Consequently, we reject the trial court's ruling, which held as a matter of law that Wisconsin Electric Power Company was vicariously liable for the allegedly...
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