# Burkes v. Klauser

> Wisconsin Supreme Court · June 24, 1994 · 185 Wis. 2d 308

URL: https://www.frixlaw.com/law-library/cases/9574464

## Case

- **Full name:** Marshall Burkes, Plaintiff-Respondent-Petitioner, v. James R. Klauser, Eugene G. Martin, Maureen J. Busby, Richard H. Lillie and Nicholas Hurtgen, Defendants-Petitioners-Respondents-Petitioners, Edward E. Hales, Defendant-Co-Petitioner-Respondent-Petitioner, M. William Gerrard, Defendant-Third Party Plaintiff, Acceleration National Insurance Company and Rural Mutual Insurance Company, Third Party Defendants. [Case No. 92-2308.]; Marshall Burkes, Plaintiff-Respondent, v. James R. Klauser, Eugene G. Martin, Edward E. Hales, Maureen J. Busby, Richard H. Lillie and Nicholas Hurtgen, Defendants-Appellants-Petitioners, M. William Gerrard, Defendant-Third Party Plaintiff-Respondent, Acceleration National Insurance Company and Rural Mutual Insurance Company, Third Party Defendants-Respondents. [Case No. 92-2578.]
- **Court:** Wisconsin Supreme Court
- **Decided:** June 24, 1994
- **Citations:** 185 Wis. 2d 308; 517 N.W.2d 503; 1994 Wisc. LEXIS 100
- **Precedential status:** Published
- **Opinion:** Concurrence by Bablitch
- **Judges:** Shirley S. Abrahamson
- **Cited by:** 24 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9574464

## Opinion text

WILLIAM A. BABLITCH, J.
(concurring). I join both the reasoning and the result of the majority opinion. I also join the concurring opinion authored by Justice Wilcox. I write only to express a concern regarding one of the named defendants.
At oral argument, Mr. Burkes' attorney was asked the reason why Nicholas Hurtgen was named as a defendant in this matter. Although Hurtgen sometimes sits as trustee as the secretary's designee, Hurtgen did not sit as trustee in this particular matter, nor did he cast a vote. From the record before us, I can discern, at best, only peripheral involvement by Mr. Hurtgen. The answer given at oral argument was unsatisfactory.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9574464. Public record. Not legal advice.