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RABY v. MOE

No. 88-0491.

149 Wis.2d 370 (1989)

441 N.W.2d 263

James and Shirley RABY, individually, and as Special Administrator of the Estate of Steven Raby, Deceased, Plaintiffs-Respondents-Cross Appellants, v. Terrence Lee MOE, Defendant-Cross Respondent, Victor GREEN, Defendant. HERITAGE MUTUAL INS. CO., Defendant-Appellant-Cross Respondent.

Court of Appeals of Wisconsin.

Decided February 23, 1989.

Attorney(s) appearing for the Case

For the defendant-appellant-cross respondent the cause was submitted on the briefs of Barrett J. Corneille and Bell, Metzner & Gierhart, S.C., of Madison.

For the plaintiffs-respondents-cross appellants the cause was submitted on the brief of Richard E. Rosenberg and Nowlan & Mouat, of Janesville.

For the defendant-cross respondent the cause was submitted on the brief of Margaret B. Grabowski and Brennan, Steil, Basting & MacDougall, S.C., of Janesville.

Before Gartzke, P.J., Eich and Sundby, JJ.

EICH, J.

Heritage Mutual Insurance Company appeals from a judgment awarding civil damages to James and Shirley Raby, whose son Steven, a liquor store clerk, was killed during a robbery at the store. The robbery was planned and executed by four men, including Terrence Moe, whose parents were insured under a homeowners policy issued by Heritage. The Rabys sued Heritage, Moe and the three other men, claiming that Steven's death was caused by the men's negligence in planning...

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