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COLE v. SEARS, ROEBUCK & CO.

No. 318.

47 Wis.2d 629 (1970)

177 N.W.2d 866

COLE (Jeffrey), by Guardian ad litem, Plaintiff, COLE (John W.), Plaintiff and Appellant, v. SEARS, ROEBUCK & COMPANY, Defendant: WILLER and wife, Defendants and Third-Party Respondents: COLE (Elayne), Third-Party Defendant and Appellant.

Supreme Court of Wisconsin.

Decided June 26, 1970.

Attorney(s) appearing for the Case

For the appellants John W. and Elayne Cole there was a brief by Schellinger & Doyle and Stanley F. Schellinger, all of Milwaukee, and oral argument by Stanley F. Schellinger.

For the respondents Ronald B. and Karen Willer there was a brief by Hayes & Hayes and Hanlin J. Hayes, all of Milwaukee, and oral argument by Hanlin J. Hayes.

CONNOR T. HANSEN, J.

In Goller v. White (1963), 20 Wis.2d 402, 413, 122 N.W.2d 193, this court abrogated parental immunity except in two situations:

"... (1) Where the alleged negligent act involves an exercise of parental authority over the child; and (2) where the alleged negligent act involves an exercise of ordinary parental discretion with respect to the provision

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