Torts — strict product liability — user or consumer

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Wisconsin Court of Appeals

Civil

Torts — strict product liability — user or consumer

Bryan Baumeister (Baumeister), Robin Baumeister, Jeffrey Brown (Brown), and Stacey Brown (collectively, “appellants”) appeal from an order of the circuit court denying their motion for a new trial. The appellants brought negligence and strict liability claims against Automated Products, Inc., for injuries sustained by Baumeister and Brown while they were installing trusses, manufactured by Automated, which collapsed during installation. The circuit court dismissed the strict liability claim, on the ground that Baumeister and Brown were not users or consumers of the trusses, and thus not protected by strict products liability in Wisconsin. The appellants’ negligence claim was submitted to the jury, which returned a verdict in favor of Automated Products. On appeal, the appellants argue that Baumeister and Brown were in fact users or consumers of the trusses and the circuit court thus erred in dismissing their strict liability claim on those grounds. We disagree and affirm. Not recommended for publication in the official reports.

2010AP748 Baumeister, et al. v. Automated Products Inc.

Dist IV, Dane County, Gaylord, J., Sherman, J.

Attorneys: For Appellant: Jassak, Michael J., Milwaukee; Laufenberg, Lynn R., Milwaukee; Stombaugh, Christopher D., Platteville; Kieler, Tyler T., Platteville; For Respondent: Griner, John A., IV, Brookfield