DeRuyter v. Wisconsin Elec. Power Co., 94-1991
| Decision Date | 20 June 1997 |
| Docket Number | No. 94-1991,94-1991 |
| Citation | 565 N.W.2d 118,211 Wis.2d 169 |
| Parties | 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-Co-Petitioner, v. WISCONSIN ELECTRIC POWER COMPANY, Defendant-Appellant, Great West Casualty Company, Inc., Defendant-Respondent-Petitioner, American Standard Insurance Company and Michael T. Schmaling, Defendants-Respondents, Employers Insurance of Wausau, A Mutual Company, Defendant. GREAT WEST CASUALTY COMPANY, INC., JJ Transport, Inc., Power Transport, Inc., and Cedarland Trucking, Inc., Plaintiffs-Respondents-Co-Petitioners, d v. WISCONSIN ELECTRIC POWER COMPANY, Defendant-Appellant, American Standard Insurance Company of Wisconsin and Michael T. Schmaling, Defendants-Respondents. |
| Court | Wisconsin Supreme Court |
REVIEW of a published decision of the Court of Appeals 1 reversing the decision of the Circuit Court for Milwaukee County, John E. McCormick, Judge. Affirmed.
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...
To continue reading
Request your trial
-
Smith v. Kleynerman
...(on petition for review).72. State v. Watson , 209 Wis.2d 281, 562 N.W.2d 151 (1997) (on certification).73. DeRuyter v. Wis. Elec. Power Co. , 211 Wis.2d 169, 565 N.W.2d 118 (1997) (on petition for review).74. Moulas v. PBC Productions, Inc. , 217 Wis.2d 449, 576 N.W.2d 929 (1998) (on petit......
-
Spencer v. V.I.P., Inc.
...v. Wis. Elec. Power Co., 200 Wis.2d 349, 546 N.W.2d 534, 537, 540-42 (Ct.App.1996), aff'd by an equally divided court, 211 Wis.2d 169, 565 N.W.2d 118 (1997). [¶ 21] Although we need not reach as far as the Wisconsin Court, in my view, the RESTATEMENT'S principles of vicarious liability do n......
-
Brown v. ACUITY
...going” rule outlined in DeRuyter v. Wisconsin Electric Power Co., 200 Wis.2d 349, 361, 546 N.W.2d 534 (Ct.App.1996), aff'd,211 Wis.2d 169, 565 N.W.2d 118 (1997), which states that “only when the employer exercises control over the method or route of the employee's travel to or from work can......
-
Estate of Murray v. Travelers Ins. Co.
...DeRuyter v. Wisconsin Electric Power Co., 200 Wis. 2d 349, 546 N.W.2d 534 (Ct. App. 1996),aff'd by an equally divided court,211 Wis. 2d 169, 565 N.W.2d 118 (1997), is inapplicable. Applying the general respondeat superior rules, we determine that Baritt was acting within the scope of her em......