COURT RULING FAVORS SHEBOYGAN BROTZ

IMPACT WILL LIKELY EXTEND BEYOND CASE

By Michael Horne

The Wisconsin Supreme Court issued its first opinion [pdf] of the Gabelman era today, Thursday, January 29th 2009 ruling on three points of law in the case of Plastics Engineering Company [Plenco] vs. Liberty Mutual Insurance Co.
Plenco is a Sheboygan firm in its third generation of ownership by the wealthy Brotz family.* The lawsuit, referred by the federal Seventh District Court of Appeals for interpretation of questions of state law, involves liability issues for workers injured by up to three decades of exposure to asbestos at the company's plants.
The court ruled that Liberty Mutual is responsible for "All Sums" coverage of worker claims up to the policy limit. The opinion is likely to be of worldwide interest in similar cases, particularly those involving paper company insurers' liability for cleanup of the Fox River, an ongoing saga that will have been made no shorter by today's ruling, whichever way it had gone.
The court found that each claimant's repeated exposure be counted as one instance, that Liberty Mutual must defend and pay Plenco's damages to the full extent of the contract, and that damages may not be assessed pro rata.
The 53 page ruling was written by Justice Annette Ziegler, with a concurring decision from Chief Justice Shirley Abrahamson and a partial concurrence - partial dissent from Justice Michael Gabelman. Thanks for stepping up to the plate, Gabelman! I thought you were supposed to be the decisive choice!
The court seems to have provided a judicial interpretation that the Wisconsin Senate refused to provide legislatively in 2005 when it rejected "All Sums" laws sought by the Fox River paper companies in 2005 AB 222 and 2005 SB 137.
The fact that the issue remains uppermost in the minds of business and insurance groups can be found in the presence of a dozen amicus briefs filed with the court by representatives of those interests, and the attention being paid to this case worldwide.
John Cusolito, a representative of Liberty Mutual refused to "comment on matters in litigation" when contacted by Milwaukeeworld.
*["Sheboygan Brotz" -- get it?--Ed.]

THEY'RE BACK!

Midwest Fiber Networks Appears Poised for Another Try at Citywide Wireless Network

Midwest Fiber Networks, LLC, the firm that tried and failed to turn the entire city of Milwaukee into a "walled garden" of wireless interconnectivity is back for another run, it appears.
Cheri Grainger and Niksa Ivancevic, Midwest's partners, (and husband-and-wife) have registered with the city for the 2009 legislative session, according to a list filed Wednesday, January 28th 2009 with City Clerk Ron Leonhardt. The "matter" in which they are interested, according to the registration: "City Wireless Network."
The duo surfaced in 2006 with their plan to provide wireless access throughout Milwaukee. A demonstration project was repeatedly delayed, and the project appeared to have been abandoned last summer, with the proponents citing lack of funds.
It will be interesting to see what has brought them back, especially in this age when the wireless model seems to have collapsed nationwide (Ald. Bob Bauman's words, not mine) and access to capital has shriveled. A related Ivancevic company, Cablecom, is awaiting receipt of an $11,000 judgment against West Allis Children's Center, but that can only wire so many blocks.
--Michael Horne

ST. MARY'S ODD DELAY

I can't figure why Columbia St. Mary's Hospital has elected to delay completion of its already-begun expansion of its East Side complex until fall 2010, some nine or so months late. The hospital's explanation that it would be easier to transfer patients during a slow time in the hospital season (and in better weather) seems rather forced, particularly when the hospital management made great noise about how the entire construction budget would be covered by the cost savings from the new, more efficient, combined facility. They wouldn't need to borrow a dime! This argument was used time and time again to urge city and neighbors to expedite the development. Things appeared to go smoothly for some time.
It would appear to me the longer the hospital delays completion, the more it would cost in the long run, while the administration must continue to pay for two inefficient plants. I can only conclude, in the absence of a response from the management to my inquiry, that the hospital has a case of the shorts -- a medical condition in which the cash in patients' pockets is not sufficient to fund the hospital's current needs. Looks like Leo Brideau had to go to the bank anyway, and the visit did not turn out well.
--Michael Horne