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FIRST BANK SOUTHEAST v. BENTKOWSKI

No. 86-1386.

138 Wis.2d 283 (1987)

405 N.W.2d 764

FIRST BANK SOUTHEAST, N.A., Plaintiff-Appellant, v. Michael BENTKOWSKI, Defendant, Richard BENTKOWSKI and Diane Bentkowski, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided March 25, 1987.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant the cause was submitted on the briefs of Jonathan A. Mulligan of Ruetz, Davison & Mulligan, S.C. of Kenosha.

On behalf of the defendants-respondents the cause was submitted on the brief of Nancy Barasch of John Crosetto Law Offices, S.C. of Kenosha.

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

BROWN, P.J.

This case requires us to determine whether sec. 895.035, Stats. (1983-84), the parental liability statute, allows a parent to offer the defense of contributory negligence. We conclude that the statute is clear in providing for absolute liability once the elements have been established, and we therefore reverse the circuit court's judgment dismissing First Bank Southeast's amended complaint against Richard and Diane Bentkowski.

The facts are not...

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