2008AP484 Industrial Risk Insurers v. American Engineering Testing, Inc.

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Torts
Joint and several liability; products liability

Joint and several liability continues to apply to tortfeasors in strict product liability claims.

“Despite the clarity with which Fuchsgruber articulates the
absence of any support for modifying the common law of strict product liability,
see id., Leavitt argues the policy reasons for the 1995 amendment to Wis. Stat.
§ 895.045 support its application to strict product liability claims. We are
not convinced. Although Leavitt urges that it should only be obligated to pay
for the portion of damages attributed to it by the jury, i.e., 10%, this court
does not have the authority to modify binding precedent, which in this instance,
mandates the application of joint and several liability in strict product
liability claims. See, e.g., Cook v. Cook, 208 Wis. 2d 166, 189-90, 560 N.W.2d
246 (1997) (‘[O]nly the supreme court, the highest court in the state, has the
power to overrule, modify or withdraw language from a published opinion of the
court of appeals.’).”

Affirmed in part, and Reversed in part.

Recommended for publication in the official reports.

2008AP484 Industrial Risk Insurers v. American Engineering Testing, Inc.

Dist. I, Milwaukee County, Lamelas, J., Curley, J.

Attorneys: For Plaintiffs: Bauer, William F., Schultz, Bruce A., Gallagher, Karen M., Madison; For Defendants: McCoy, John V., Hofbauer, Thomas C., Waukesha

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