Oral argument February 3, 2011.
Decided March 2, 2011.
REVIEW of a decision of the Court of Appeals. Affirmed.
For the plaintiff-respondent-cross-appellant-petitioner there were briefs by Robert J. Kasieta, Andrew J. Parrish and Kasieta Legal Group, LLC, Madison, and oral argument by Robert J. Kasieta.
For the defendants-appellants-cross-respondents there were briefs by Donald K. Schott, Valerie L. Bailey-Rihn, James Richgels, Freya K. Bowen, Elyce M. Wos and Quarles Brady LLP, Madison and Jeffrey O. Davis and Quarles Brady LLP, Milwaukee, and oral argument by Donald K. Schott.
Amicus curiae briefs were filed by John E. Knight, James E. Bartzen, Kirsten E. Spira and Boardman, Suhr, Curry Field LLP, Madison, on behalf of the Wisconsin Bankers Association.
An amicus curiae brief was filed by William Haus and Haus, Roman and Banks, LLP, Madison, on behalf of the Sheet Metal Workers Local #565, affiliated with Sheet Metal Workers International Association, AFL-CIO.
The court is equally divided on the question of whether the decision of the court of appeals, Polsky v. Virnich, 2010 WI App 20, 323 Wis. 2d 811, 779 N.W.2d 712, should be affirmed or reversed. Justice DAVID T. PROSSER, Justice PATIENCE DRAKE ROGGENSACK and Justice MICHAEL J. GABLEMAN would affirm; Chief Justice SHIRLEY S. ABRAHAMSON, Justice ANN WALSH BRADLEY and Justice N. PATRICK CROOKS would reverse. Justice ANNETTE K. ZIEGLER did not participate.
¶ 2. Accordingly, the decision of the court of appeals is affirmed.