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SPRAGUE v. SPRAGUE

No. 85-2273.

132 Wis.2d 68 (1986)

389 N.W.2d 823

Barbara SPRAGUE, mother, and Jason Sprague, a minor, by Geoffrey Van Remmen, his Guardian ad Litem, and Linda Reivitz, Plaintiffs-Respondents, v. Louise SPRAGUE and State Farm Insurance Company, Defendants, Donald J. SCHKIRKIE, Marian A. Schkirkie and Shelby Mutual Insurance Company, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided May 14, 1986.

Attorney(s) appearing for the Case

For the defendants-appellants, the cause was submitted on the briefs of Werner E. Scherr and Rick E. Hills of Kasdorf, Lewis & Swietlik, S.C. of Milwaukee.

For the defendants-respondents, the cause was submitted on the briefs of Russell M. Ware of Schoone, McManus, Hankel, Ware & Fortune, S.C. of Racine.

For the plaintiffs-respondents, the cause was submitted on the briefs of Albert, Jude & Van Remmen, S.C.

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

NETTESHEIM, J.

The sole issue on appeal is whether the trial court properly computed damages under sec. 174.02(1)(b), Stats., which provides that the owner of a dog is liable for double the damages caused by the dog if the owner had knowledge that the dog previously injured a person. Because we are persuaded that the trial court erroneously computed the damages for which the dog owner was liable, we reverse.

In September 1982, Jason Sprague was bitten by a...

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