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MERCADO v. MITCHELL

No. 75-713.

83 Wis.2d 17 (1978)

264 N.W.2d 532

MERCADO, by Harold A. Laufer, her Guardian ad Litem, and another, Appellants, v. MITCHELL, and others, Respondents: LEMKE, d/b/a Sunshine Amusements, Inc., Defendant.

Supreme Court of Wisconsin.

Decided April 5, 1978.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the brief of Alexander N. Rubin, attorney, and Harold A. Laufer, both of Milwaukee.

There was a joint brief by Walther & Halling of Milwaukee for defendant-respondent, James M. Mitchell; and Riordan, Crivello, Sullivan & Carlson of Milwaukee, for defendants-respondents, Donald R. Rust, E. Clark Bowerman, and American X/S Underwriters.

For defendant-respondent, Western World Insurance Company, Inc., the cause was submitted on the brief of de Vries, Vlasak & Schallert, S. C. of Milwaukee.

BEILFUSS, C. J.

On September 8, 1974, Maria Mercado, a minor, was injured while riding on a roller coaster on the grounds of St. Matthew's Congregation in Milwaukee. The roller coaster and other amusement devices were owned and operated by Jerome J. Lemke, d/b/a Sunshine Amusements, Inc. Maria Mercado, by her guardian ad litem, and her mother alleged in their complaint that Lemke was negligent in several respects in the operation of the roller coaster. The...

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