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Summary Judgment – Insurance Claim – Duty to Warn
By: Derek Hawkins//October 21, 2020//
Listen to this articleWI Court of Appeals – District III
Case Name: David A. Steinke v. Scott R. Poppe, et al.,
Case No.: 2019AP2028
Officials: Stark, P.J., Hruz and Seidl, JJ.
Focus: Summary Judgment – Insurance Claim – Duty to Warn
David Steinke appeals a summary judgment dismissing his lawsuit against Scott R. Poppe, Scott’s Septic Pumping, LLC, and State Farm Fire and Casualty Company (collectively, “Poppe”). Steinke argues the circuit court erred by concluding, as a matter of law, that after pumping Steinke’s septic tank, Poppe did not have a duty to warn Steinke about the poor condition of the septic tank’s cover or to take other action to prevent Steinke from falling through the cover into the tank. We agree with the court that the undisputed facts establish Poppe owed Steinke no such duty. We therefore affirm.
Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.
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