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BURCH v. AMERICAN FAMILY MUT. INS. CO.

No. 92-0342.

171 Wis.2d 607 (1992)

Paul C. BURCH, and Connie E. Burch, Plaintiffs-Appellants, v. AMERICAN FAMILY MUTUAL INSURANCE CO., Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided October 6, 1992.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Ardell W. Skow, of Doar, Drill & Skow, S.C. of Baldwin.

On behalf of the defendant-respondent, the cause was submitted on the briefs of Nancy J. Sixel and Sverre O. Tinglum of Tinglum, Thorie & Sixel of River Falls.

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

MYSE, J.

Paul and Connie Burch appeal a summary judgment dismissing their complaint against American Family Mutual Insurance Company. Paul and Connie contend that the trial court erred by finding, as a matter of law, that their fifteen-year-old daughter, Amy Burch, was incapable of negligence and that Paul was more negligent than Amy. They argue that the court applied the wrong legal standard to the questions concerning Amy's capacity for negligence and the comparison...

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