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BANKERT v. THRESHERMEN'S MUT. INS. CO.

No. 80-2058.

105 Wis.2d 438 (1981)

313 N.W.2d 854

John E. BANKERT, a minor, by his Guardian ad Litem, Robert L. Habush, Plaintiff-Appellant and Cross-Respondent, Rosa BANKERT and Ervin Bankert, Plaintiffs, v. THRESHERMEN'S MUTUAL INS. CO., and Watertown Mutual Insurance Company, Defendants-Respondents and Cross-Appellants, THE OHIO CASUALTY INS. CO., Richard D. Mueller, Arnold J. Mueller, Margie Mueller, State Farm Mutual Automobile Insurance Co., Steven J. Johnston, Michael Johnston, Karen Johnston and Mutual Life Insurance Co. of New York, Defendants.

Court of Appeals of Wisconsin.

Decided November 17, 1981.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Howard A. Davis, Patrick O. Dunphy and Habush, Habush & Davis, S.C., of Milwaukee.

For the respondents the cause was submitted on the brief of John A. Kluwin, Thomas R. Schrimpf and Kluwin, Hankin & McNulty of Milwaukee.

Before Foley, P.J., Dean and Cane, JJ.

CANE, J.

John Bankert, age fifteen, was a passenger on a motorcycle driven by Richard Mueller, also age fifteen. The motorcycle was owned by Mueller's parents. It was not licensed for road use and had no functioning headlight. While traveling down a Watertown street after dark, the boys collided with an illegally parked car and both were injured. John Bankert brought this action for damages against Richard Mueller for negligent...

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