Sizzler e. coli Case Argued to the Wisconsin Supreme Court
On Friday, January 13th, 2012, the Supreme Court heard oral argument from the three remaining parties to the litigation arising from a 2000 e. coli outbreak at a Milwaukee-area Sizzler restaurant. This case, begun in 2000, is the longest-running I’ve ever been involved with.
The issues presented to the court have implications for warranty and UCC interpretation, equitable indemnity, the Weinhagen exception to the American attorney fee rule, and contractual indemnity and offset for insurer payments. If you’re interested in reviewing the briefs filed with the Supreme Court, you can find them on the appellate version of CCAP, called WSCCA (Wisconsin Supreme Court and Court of Appeals Access). For easy access and searching, the appellate case number is 09AP1212 (a number I will likely not be able to forget). The court of appeals briefs are available on the same page.
This decision is sure to hold interest for pretty much all Wisconsin attorneys who practice in civil litigation. The court of appeals decision, authored by Judge Fine and filed on June 7, 2011, is available here.
