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NIEUWENDORP v. AMERICAN FAMILY INS. CO.

No. 93-0515.

181 Wis.2d 259 (1993)

510 N.W.2d 779

Judy L. NIEUWENDORP, Plaintiff-Respondent, v. AMERICAN FAMILY INSURANCE COMPANY, Defendant-Appellant, EMPLOYERS INSURANCE OF WAUSAU, a mutual company, Nominal-Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided December 21, 1993.

Attorney(s) appearing for the Case

On behalf of defendant-appellant, the cause was submitted on the briefs of Michael L. Eckert and James O. Moermond of Eckert & Stingl Law Office of Rhinelander and orally argued by James O. Moermond.

On behalf of Plaintiff-respondent, the cause was submitted on the brief of and orally argued by D. J. Weis of Johnson, Weis, Paulson & Priebe, S.C., of Rhinelander.

An amicus brief on behalf of the Wisconsin Education Association was submitted on the brief of Mary E. Pitassi and Bruce Meredith and orally argued by Bruce Meredith.

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

LaROCQUE, J.

American Family Insurance Company appeals a judgment finding its insureds, Roberta and James Hein, liable for failing to control their son, Jason. On appeal, American Family argues that the plaintiff, Judy Nieuwendorp, failed to establish a negligence claim against its insureds and that public policy also precludes liability. We conclude that the jury's finding that the parents' actions regarding Jason were a substantial factor in causing the injury to...

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