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ANELLO v. SAVIGNAC

No. 82-1911.

116 Wis.2d 246 (1983)

342 N.W.2d 440

James B. ANELLO, Plaintiff-Appellant and Cross-Respondent. v. James P. SAVIGNAC and Anne Savignac, Defendants-Respondents and Cross-Appellants, Patrick SAVIGNAC, Defendant and Cross-Appellant.

Court of Appeals of Wisconsin.

Decided November 8, 1983.

Attorney(s) appearing for the Case

For the appellant and cross-respondent the cause was submitted on the briefs of Kasdorf, Dall, Lewis & Swietlik, S.C., and J. Ric Gass of Milwaukee.

For the defendant-cross-appellant the cause was submitted on the brief of James A. Walrath and Shellow, Shellow & Glynn, S.C., of Milwaukee.

For the respondents and cross-appellants the cause was submitted on the brief of Hunter & Sommers and James R. Sommers of Waukesha.

Brief of amicus curiae of Wisconsin Association for Children with Learning Disabilities was filed by Robert C. Angermeier and Angermeier & Rogers of Milwaukee.

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

FOLEY, P.J.

James Anello, a high school teacher, sued Patrick Savignac, a student, for battery. Anello also sued Patrick's parents, James and Anne Savignac, for their negligent failure to control Patrick and for $1,000 under sec. 895.035, Stats.1 We affirm the trial court's dismissal of Anello's negligence claim against Patrick's parents because he did not prove that they were negligent in failing...

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