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SCHWOCHERT v. AMERICAN FAMILY INS.

No. 86-1538.

139 Wis.2d 335 (1987)

407 N.W.2d 525

Donald L. SCHWOCHERT, Jr., Shane Schwochert, Jr., by his guardian, Donald L. Schwochert, Jr., and Donel Schwochert, by her guardian, Donald L. Schwochert, Jr., Plaintiffs-Appellants and Cross-Respondents, v. AMERICAN FAMILY MUTUAL INS. CO., Defendant-Respondent and Cross-Appellant, Jeffrey J. LAUTH, John E. Lauth, Annetta N. Lauth, Columbia County, a Wisconsin municipal corporation, General Casualty Company, Wisconsin Board of Regents of the University of Wisconsin Systems, d/b/a Wisconsin Hospital & Clinics, Defendants.

Supreme Court of Wisconsin.

Decided June 18, 1987.

Attorney(s) appearing for the Case

For the plaintiffs-appellants & cross-respondents (in the court of appeals), there were briefs by Douglas W. Kammer and Douglas W. Kammer, S.C., Portage and oral argument by Douglas W. Kammer.

For the defendant-respondent & cross-appellant (in the court of appeals), there were briefs by Clyde C. Cross and Cross, Mercer & Maffei, Baraboo, and oral argument by Clyde C. Cross.

Amicus curiae brief was filed by Boyd M. McGranaghan, Wisconsin Academy of Trial Lawyers and Kmiec Law Office, Milwaukee.

Amicus curiae brief was filed by Carroll Metzner, Robert J. Kasieta, Wisconsin Insurance Alliance and Bell, Metzner & Gierhart, S.C., Madison.

STEINMETZ, J.

The parties brought a petition to bypass the court of appeals under sec. (Rule) 809.60(2), Stats., which we accepted.

This is an action for the wrongful death of Susan Schwochert by her surviving husband, Donald Schwochert, Jr., and their children, and for injuries to Donald Schwochert, Jr. These damages resulted from an accident on July 27, 1984, when Jeffrey Lauth negligently failed to stop at a stop sign and collided with Schwocherts' 1976...

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