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AMERICAN FAMILY MUT. INS. CO. v. WUBBENA

No. 91-1760.

496 N.W.2d 783 (1992)

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, A Corporation, Appellant, v. Charles WUBBENA and Bette Wubbena, Individually and as Parents and Natural Guardians of Mark Wubbena; Mark Wubbena, A Minor; Jay E. Crisp and Maurine Crisp, Individually and as Parents and Natural Guardians of Daniel M. Crisp; and Daniel M. Crisp, A Minor, Appellees.

Court of Appeals of Iowa.

December 29, 1992.

Attorney(s) appearing for the Case

Larry J. Cohrt of Swisher & Cohrt, Waterloo, for appellant.

Thomas W. Langlas of Gallagher, Langlas & Gallagher, P.C., Waterloo, for appellees Wubbena.

James F. Kalkhoff and Thomas L. Staack of Dutton, Braun, Staack, Hellman & Iversen, Waterloo, for appellees Crisp.

Heard by HAYDEN, P.J., and SACKETT and HABHAB, JJ.

HABHAB, Judge.

FACTS

On May 29, 1989, three young boys (Mark Wubbena, age fifteen; Daniel Crisp, age thirteen; and Bryan Irvine, age twelve) were playing in a cemetery immediately behind the residence of Jay and Maurine Crisp. The boys were playing together, scuffling, and shooting cans with a bb gun. The single-shot bb gun had to be pumped once each time it was shot.

During the course of one of those scuffles, Mark became angry and said to Daniel...

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