Russell Adams v. Northland Equipment Company, Inc.

¶ 84. (dissenting). The lynchpin of the majority's analysis lies in its unsupportable assertion that the common law right of the employee to bring a tort action against a negligent third party was abrogated by the enactment of Wis. Stat. § 102.29. Majority op., ¶ 27. Such an assertion unfor*565tunately rewrites history, sub silencio overrules almost a century of well-settled precedent, and ignores the words of the statute.

¶ 85. I say "rewrites history," because an examination of the history reveals that it is the common law right of an employee to bring a tort action against the employer that was…