GOULD v. AMERICAN FAMILY MUT. INS. CO.

No. 94-0074.

187 Wis.2d 671 (1994)

523 N.W.2d 295

Sheri GOULD, Scott Gould, and St. Croix County, Plaintiffs-Respondents, v. AMERICAN FAMILY MUTUAL INSURANCE CO., Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided September 27, 1994.


Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Nancy J. Sixel and Charles E. Brady of Tinglum, Sixel & Brady of River Falls.

For the plaintiffs-respondents the cause was submitted on the briefs of Michael J. Neitzke and Don Paul Novitzke of Novitzke & Gust of Amery.

For the Coalition of Wisconsin Aging Groups amicus curiae briefs were submitted by Betsy J. Abramson of the Elder Law Center of Madison.

For the Board on Aging and Long Term Care an amicus curiae brief was submitted by William P. Donaldson of Madison.

For the American Association of Retired Persons an amicus curiae brief was submitted by Jeffrey Spitzer-Resnick of Madison.

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


MYSE, J.

American Family Mutual Insurance Co. brings this interlocutory appeal from a judgment predicated on the negligence of Roland Monicken, an elderly resident of the St. Croix Health Center who is afflicted with Alzheimer's disease. American Family contends that Monicken was afflicted with dementia, presumably as a result of his Alzheimer's disease, and that he was therefore incapable of controlling his conduct. American Family claims that because Monicken's...

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