THOMAS v. LOWA NAT. MUT. INS. CO.

Nos. 85-1392, 85-1393.

132 Wis.2d 18 (1986)

390 N.W.2d 572

Jay R. THOMAS, John A. Thomas, and Jean A. Thomas, parents of Jay R. Thomas, Plaintiffs-Appellants, v. IOWA NATIONAL MUTUAL INSURANCE COMPANY, School District of Menomonee Falls, John H. Manz, Ronald H. Hartzell, David J. Dimick, David Schmidt, Gloria Cridelich, Debbie L. Stevenson and Robert Stevenson, father of Debbie L. Stevenson, Defendants, Ronald SCHMIDT, Defendant-Respondent. Jay R. THOMAS, John A. Thomas, and Jean A. Thomas, parents of Jay R. Thomas, Plaintiffs-Appellants, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant, STATE FARM FIRE & CASUALTY COMPANY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided May 7, 1986.


Attorney(s) appearing for the Case

For the plaintiffs-appellants, the cause was submitted on the briefs of Edward P. Rudolph of Elm Grove.

For the defendant-respondent, the cause was submitted on the briefs of John E. Schapekahm of Schulz & Schapekahm, S.C. of Milwaukee.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.


BROWN, P.J.

This issue on this appeal concerns sec. 895.035(1), Stats.—the parental liability statute. The statute allows recovery for personal injury and property damages directly attributable to any willful, malicious or wanton act of the child. Recovery is limited to $1,000 plus costs and disbursements. The exact wording of the statute allows for "costs and disbursements directly attributable to any wilful, malicious or wanton act of the child." The question...

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