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FRAYER v. LOVELL

No. 94-0149.

190 Wis.2d 794 (1995)

529 N.W.2d 236

Ronny J. FRAYER, a minor, by his Guardian ad Litem, Carl R. Edenhofer, Jr., his parents, Floyd J. Frayer and Jean Frayer, and American Trust Administrators, Inc., their insurer, Plaintiffs-Appellants, v. Jeffrey D. LOVELL and State Farm Mutual Automobile Insurance Company, Defendants-Third Party Plaintiffs-Respondents, LOVELL/LOVELL, INC., Defendant-Third Party Plaintiff, v. Floyd FRAYER and Jean Frayer, Third Party Defendants.

Court of Appeals of Wisconsin.

Decided January 4, 1995.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Scott R. Joling of Joling Edenhofer and Associates, S.C. of Kenosha.

On behalf of the defendants-third party plaintiffsrespondents, the cause was submitted on the brief of Jerome A. Hierseman of O'Connor & Willems, S.C. of Kenosha.

Before Anderson, P.J., Brown and Snyder, JJ.

SNYDER, J.

Ronny J. Frayer, a minor at the time of the accident giving rise to this action, appeals from a judgment dismissing his personal injury claim against Jeffrey D. Lovell for damages suffered when the minibike he was riding collided with the rear of Lovell's vehicle. Frayer argues that the trial court erred in instructing the jury to weigh his conduct under an adult standard of care instead of the lower standard of care generally applicable to children. Frayer...

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