Have you ever had this happen to you?

You buy some lumber at Menards. You take your car to the lumber section where you park. An employee from Menards assists you in loading your truck. In reality, this could occur at any other store where you buy larger items or appliances, then you get assistance loading your car.

However, I’m guessing that what happened to Vicki Blasing did not take place to you.

Blasing was standing near the rear side of her pickup as an Menards employee tried to unload the wood. Unfortunately the lumber fell and hit Blasing’s shoes.

She brought a personal injury suit in the name of Menard, Inc. and its insurance company, Zurich American. She claimed two causes for suit against Menards. The first one was negligence under common law and the second one was founded on Menards’ claims of violations of the state’s Safe Place Statute.

Menards later remitted their defense as well as indemnification for the lawsuit to Blasing’s personal auto insurance provider, American Family Insurance. Menards claimed that when their employee was loading Blasing’s vehicle, the truck was, as defined according to the law “using” Blasing’s truck under her her permission. Both the employee and Menards could then be considered insured under Blasing’s personal insurance for automobiles, and as such, American Family owes Menards an opportunity to defend.

A majority of Wisconsin Supreme Court agreed with Menards in its opinion in which the terms “absurd” as well as “anomaly” are frequently used. But, this ruling is in fact consistent with previous cases which dealt with the definition of “use” in the context of a liability insurance policy for automobiles. This case was referred back before the court of appeals in order to examine the issues. The question as to the question of whether American Family or Zurich Insurance will be the primary insurer for Menards must be resolved at a later time.

Three justices opposed the majority’s decision. They said they disagreed with Blasing’s Safe Place Statute allegations involving Menards internal procedures, policies , and facilities are not “use” of a vehicle.

So how do you stay clear of the legal pitfalls that could arise from this? In the current situation in Wisconsin when a shop’s staff member is loading up your car and you are not able to stop it, sit back…way back…at at a safe distance, and let them load the vehicle.