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KARA B. v. DANE COUNTY

Nos. 94-1081, 94-2908.

198 Wis.2d 24 (1995)

542 N.W.2d 777

KARA B., By Guardian Ad Litem, John C. Albert, Steven B., and Jennifer B., Parents of Kara B., Plaintiffs-Appellants, v. DANE COUNTY, Dane County Department of Human Services, Its Agents and Assigns, Shirley Aasen, Ed Page, Jr., Margaret/Marjorie Johnson, Estate of Margaret E. Eby, Terri Collins, Virginia Hanson, Wisconsin Municipal Mutual Insurance Company, Defendants-Respondents, Sue MARSHALL, Roxanne Smit, Defendants, MIKAELA R., a Minor, By Guardian Ad Litem John C. Albert and Joette R., Parent of Mikaela R., Plaintiffs-Respondents, v. DANE COUNTY, Dane County Department of Human Services, Its Agents and Assigns, Shirley Aasen, Ed Page Jr., Margaret/Marjorie Johnson, Estate of Margaret E. Eby, Sue Marshall, Terri Collins, Virginia Hanson, Robert Syring and Wisconsin Municipal Mutual Insurance Company, Defendants-Appellants, Roxanne SMIT, Defendant, SENTRY INSURANCE COMPANY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided November 2, 1995.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of John C. Albert and Debra A. Petkovsek of Eustice, Albert, Laffey & Fumelle, S.C., of Sun Prairie.

For the defendants-appellants the cause was submitted on the briefs of John M. Moore and David J. Pliner of Bell, Metzner, Gierhart & Moore, S.C., of Madison.

For the defendants-respondents the cause was submitted on the briefs of John M. Moore and David J. Pliner of Bell, Metzner, Gierhart & Moore, S.C., of Madison.

For the plaintiffs-respondents, the cause was submitted on the briefs of John C. Albert and Debra A. Petkovsek of Eustice, Albert, Laffey & Fumelle, S.C., of Sun Prairie.

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

EICH, C.J.

We consolidated these two cases on appeal. They are actions, brought under 42 U.S.C. § 1983 and state-law negligence and professional malpractice theories, seeking damages for physical and sexual abuse suffered by two young children while living in a foster home.

I. Background

Kara B. and Mikaela R. were adjudged to be children in need of protection or services in separate juvenile court...

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