01-3430 Johnson v. ABC Insurance Company, et al.

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Roger and Barbara Johnson appeal from a judgment of the trial court granting the motion for summary judgment brought on behalf of the defendants, Gander Mountain, L.L.C. and Reliance National Indemnity Company. The Johnsons contend that, under the language of a purchase agreement in which Gander Mountain, L.L.C. (Gander Mountain II) purchased all the retail stores and assets of Gander Mountain, Inc. (Gander Mountain I) as part of Gander Mountain I’s Chapter 11 bankruptcy reorganization plan, Gander Mountain II agreed to assume the liability for all the torts of Gander Mountain I that occurred subsequent to the filing of Gander Mountain I’s bankruptcy petition, including Johnson’s product liability and negligence claims. Because the relevant contractual language in § 3.1.1 of the purchase agreement is ambiguous, we conclude that the trial court erred in granting summary judgment.

Accordingly, we reverse and remand with directions for the trial court to conduct a hearing to determine the intent of the parties regarding § 3.1.1 of the purchase agreement.

This opinion will not be published.

Dist I, Milwaukee County, Dugan, J., Per Curiam

Attorneys:

For Appellant: Dean M. Horwitz, Milwaukee; Hope K. Olson, Milwaukee

For Respondent: Douglas M. Johnson, Eau Claire; Matthew J. Cornetta, Eau Claire