Opinion
No. 94-1991
Oral argument March 5, 1997. —
Decided June 20, 1997.
REVIEW of a published decision of the Court of Appeals reversing the decision of the Circuit Court for Milwaukee County, John E. McCormick, Judge. Affirmed.
DeRuyter v. Wisconsin Electric Power Co., 200 Wis.2d 349, 546 N.W.2d 534 (Ct.App. 1996).
For the defendant/plaintiff-respondent-petitioner/co-petitioner, Great West Casualty Company, Inc., there were briefs by Douglas J. Carroll, and O'Neill, Schimmel, Quirk Carroll, S.C., Milwaukee.
For the plaintiffs-respondents-co-petitioners there were briefs by David P. Lowe, Donald J. Jacquart and Jacquart Lowe, S.C., Milwaukee and Michael P. Crooks and Peterson, Johnson Murray, S.C., Madison and oral argument by David P. Lowe and Michael P. Crooks.
For the defendant-appellant there was a brief by Jeffrey Morris and Quarles Brady, Milwaukee and oral argument by Jeffrey Morris.
Amicus curiae brief was filed by Michael H. Gillick and Murphy, Gillick, Wicht Prachthauser, Milwaukee for the Wisconsin Academy of Trial Lawyers.
Amicus curiae brief was filed by Patrick K. Stevens, Werner E. Scherr, Jeffrey S. Meyer, Michael A. Greene, Jerome D. Okarma and Edwina A. Wilson for Manufacturers Commerce, Milwaukee Transport Services, Inc., Harnischfeger Industries, Inc., Johnson Controls, Inc., Wisconsin Bell, Inc., and General Electric Medical Systems.
This court is equally divided on whether to affirm or reverse the decision of the court of appeals. Justice Donald W. Steinmetz, Justice Jon P. Wilcox, and Justice Ann Walsh Bradley would affirm; Chief Justice Shirley S. Abrahamson, Justice William A. Bablitch, and Justice Janine P. Geske would reverse. Justice N. Patrick Crooks did not participate.
¶ 2. Accordingly, the decision of the court of appeals is affirmed.