GRITZNER v. MICHAEL R.

No. 98-0325.

228 Wis.2d 541 (1999)

598 N.W.2d 282

Thomas GRITZNER and Sandra Gritzner, parents and guardians of Tara G., a minor, Plaintiffs-Appellants, v. MICHAEL R., a minor, and Karen Rosetti, as parent of Michael R., Defendants, Roger BUBNER, as custodian of Michael R., and American Family Mutual Insurance Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided June 9, 1999.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the brief and oral argument of Steven J. Watson of Steven J. Watson Law Office of Elkhorn.

On behalf of the defendant-respondent, Roger Bubner, the cause was submitted on the brief and oral argument of Phillip C. Theesfeld of Baxter & O'Meara of Milwaukee. On behalf of the defendant-respondent, American Family Mutual Insurance Company, there was oral argument by Thomas M. Devine of Hostak, Henzl & Bichler, S.C. of Racine.

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


NETTESHEIM, J.

Thomas G. and Sandra G., parents of Tara G., appeal from a circuit court order dismissing their claims against Roger Bubner. Tara was four years old when she was sexually molested by Michael R., the ten-year-old son of Bubner's girlfriend, while playing at Bubner's home. The parents' complaint alleged that Bubner negligently failed to warn them of Michael's propensity for inappropriate sexual behavior based on his past similar conduct. The complaint...

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