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MALONE v. GAENGEL

No. 98-1001-FT.

221 Wis.2d 92 (1998)

583 N.W.2d 882

Susan MALONE, Plaintiff-Joint-Appellant, v. Daniel G. GAENGEL and Elizabeth Gaengel, Defendants-Joint-Appellants, WEST BEND MUTUAL INSURANCE COMPANY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided July 21, 1998.

Attorney(s) appearing for the Case

On behalf of the plaintiff-joint-appellant, the cause was submitted on the briefs of John C. Cabaniss of the Law Office of John C. Cabaniss, of Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of Eric S. Darling of Schmidt, Darling & Erwin, of Milwaukee.

Before Wedemeyer, P.J., Fine and Schudson, JJ.

FINE, J.

Susan Malone appeals from summary judgment dismissing her complaint against West Bend Mutual Insurance Company.1 We affirm.

I.

The facts material to this appeal are not in dispute. Malone's ten-year-old son Jason died when a three-wheel all-terrain vehicle on which he was riding rolled over and crushed him. The vehicle was driven by his cousin, twelve-year-old Damian Gaengel, the son of Daniel G. and Elizabeth...

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