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TRINITY LUTHERAN CHURCH v. DORSCHNER EXCAVATING

No. 2004AP785.

289 Wis.2d 252 (2006)

2006 WI App 22

710 N.W.2d 680

TRINITY LUTHERAN CHURCH and Guide One Mutual Insurance Company, Plaintiffs-Respondents-Cross-Appellants, v. DORSCHNER EXCAVATING, INC., Defendant-Third-Party Plaintiff-Respondent-Cross-Respondent, v. EDWARD RADTKE & SONS, INC., Baumgart Excavating, Inc., ABC Insurance Company, DEF Insurance Company and GHI Insurance Company, Third-PartyDefendants, OUDENHOVEN CONSTRUCTION, INC., Third-Party Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided January 12, 2006.

Attorney(s) appearing for the Case

On behalf of the third-party defendant-appellant, the cause was submitted on the briefs of John H. Schroth of Kasdorf, Lewis & Swietlik, S.C., Green Bay.

On behalf of the plaintiffs-respondents-cross-appellants, the cause was submitted on the briefs of Frank A. Dvorak of Foley & Mansfield, P.L.L.P., Minneapolis, MN.

On behalf of the defendant-third-party plaintiff-respondent-cross-respondent, the cause was submitted on the briefs of John P. Runde of Terwilliger, Wakeen, Piehler & Conway, S.C., Wausau.

Before Dykman, Vergeront and Deininger, JJ.

¶ 1. DEININGER, J.

Oudenhoven Construction, Inc. (OCI), a company hired by Trinity Lutheran Church to coordinate the construction of an addition to Trinity's church building, appeals a judgment awarding damages to Trinity for a mishap that occurred during the construction project. OCI argues that the economic loss doctrine bars the negligence claims asserted against it by Trinity and by Dorschner Excavating, Inc.,...

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