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EBERT v. KETTNER

No. 88-2264.

151 Wis.2d 880 (1989)

447 N.W.2d 62

Dawn EBERT, a minor by John W. Krueger, her guardian ad litem, Curtis Ebert and Sandra Ebert, Plaintiffs-Appellants, v. Philip E. KETTNER, Jr., personal representative of the Estate of Philip B. Kettner, Sr., deceased, Defendant-Respondent, v. UNITED SECURITY INSURANCE COMPANY, Third-Party Defendant.

Court of Appeals of Wisconsin.

Decided July 18, 1989.

Attorney(s) appearing for the Case

For plaintiffs-appellants there were briefs by Terence J. Bouressa and Sommer, Olk & Schroeder, Rhinelander.

For defendant-respondent there was a brief by D.J. Weis and Johnson, Weis, Paulson & Priebe, S.C., Rhinelander.

Before Cane, P.J., LaRocque and Myse, JJ.

LaROCQUE, J.

Dawn Ebert, now age nine, by her guardian ad litem, and her parents appeal a judgment dismissing their civil action for damages alleging that the defendant, Philip Kettner, Sr., now deceased, sexually assaulted Dawn in 1984.1 The issue is whether the trial court abused its discretion when it ruled that Dawn's testimony from prior criminal proceedings was inadmissible hearsay because...

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