Personal Injury and Property Damage
The firm represents individuals and businesses with personal injury and property damage claims involving automobile accidents, construction and industry related injuries, explosions and fire loss. These cases also sometimes involve allegations of wrongful termination or defamation. Several attorneys in the firm have over 25 years experience in managing such litigation, which often involves multiple parties and complex legal issues.
Representative appellate experience in these areas includes the following:
Kriefall v. Sizzler USA Franchise, Inc.(Court of appeals reversed portion of judgment whereby successfully asserted basis for contractual indemnity before jury; currently pending before Wisconsin Supreme Court.)
State Farm Mutual Automobile Insurance Company v. Ford Motor Company(Extension of economic loss doctrine to consumer transactions.)
Grube v. Daun(Successful liability defense based on interpretation of hazardous waste statue and determination that application was intended for the general public and not a specific class; therefore, because the statute was not a “safety statute,” a violation would not constitute negligence per se.)
Rainbow Country Rentals and Retail, Inc. v. Ameritech Publishing, Inc. (Reversal of prior Wisconsin Supreme Court authority holding that Ameritech Publishing’s damage limitation was unenforceable on public policy grounds.)
Dakin v. Marciniak(Successful appeal defeating plaintiff's claim on determinations that there was insufficient notice and that the discovery rule did not bar the application of the statute of limitations.)
Nunez v. American Family Mut. Ins. (Held that the prohibition in a "safety statute" applied where plaintiff jumped out of the back of defendant's pickup truck in a parade de-staging area, warranting dismissal of plaintiff's claim.)
Garrett v. City of New Berlin (Interpretation of whether a manifestation of physical injury is necessary to successfully assert a claim for negligent infliction of emotional distress.)
Aetna Cas. and Surety Co. v. Owen (Held that the pendency of an insured's action does not toll the statute of limitations for an insurer's independent subrogated claim arising out of an occurrence that caused the injury to the insured.)
Pagel v. Marcus Corp. (Held that where the dangerous condition of a chattel is open and obvious to the reasonable user, no warning is required under Restatement (2d) of Torts § 388(1), and summary judgment dismissing a negligence claim premised on failure to warn is proper.)
The range of legally recognized causes of action against governmental entities has expanded greatly. Our attorneys have met the needs of cities, villages, and towns in the competent defense of lawsuits involving municipal liability, ranging from personal injury actions to alleged anti-trust violations.
Contact: James T. Murray, Jr.
Many of our insurance clients pay out on losses which are the responsibility of a third party. Peterson, Johnson & Murray, S.C. represents insurers, and frequently their insured, in litigation calculated to recover these losses. We consult with our clients on an ongoing basis to increase awareness of fact situations which pose the potential for third-party recovery. These efforts include regular, on-site seminars given to claims personnel.
Contact: Randy S. Parlee