LACOUNT v. SALKOWSKI

No. 02-0630.

258 Wis.2d 635 (2002)

2002 WI App 287

654 N.W.2d 295

Daniel J. R. LACOUNT, by his general guardian, Daniel LaCount, Plaintiff, v. Rosemary A. SALKOWSKI, Defendant-Respondent, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant, GENERAL CASUALTY COMPANY OF WISCONSIN and Courtney J. Langer, by her Guardian ad Litem, Terence J. Bouressa, Defendants-Third-Party Plaintiffs, Joseph W. LANGER, Defendant-Third-Party Plaintiff-Appellant, v. Erin E. PENZA, by her natural guardians, Don and Janet Penza, Molly J. Smith, by her natural guardians, Marvin and Julie Smith, Chelsea E. Sutton, by her natural guardians, Jan and Brian Sutton, Vanessa R. Van Laanen, by her natural guardians, Jody G. and Virginia Van Laanen, Estate of James M. Wingfield, by its personal representative Brenda K. Wingfield, Brenda K. Wingfield, Brett M. Wingfield and Abby L. Wingfield, by their natural guardian Brenda Wingfield, State Farm Insurance Companies, Horace Mann Insurance Company, ABC Insurance Company, DEF Insurance Company, GHI Insurance Company, XYZ Insurance Company and Mutual of Omaha Insurance Company, Third-Party Defendants. Brenda "Kathy" WINGFIELD, individually and as Personal Representative of the Estate of James M. Wingfield, deceased, Lauren Wingfield, Brett M. Wingfield and Abby L. Wingfield, minors, by their Guardian ad Litem, Gregory B. Conway, Plaintiffs, v. Courtney J. LANGER, by her Guardian ad Litem, Joseph W. Langer, and General Casualty Company of Wisconsin, Defendants.

Court of Appeals of Wisconsin.

Decided October 16, 2002.


Attorney(s) appearing for the Case

On behalf of the defendant-third-party-plaintiff-appellant, the cause was submitted on the briefs of Terence J. Bouressa and Bouressa & Patteson, S.C. of Green Bay.

On behalf of the defendant-respondent, the cause was submitted on the brief of Matthew E. Yde, Douglas R. Ross and Strasser & Yde, S.C. of Wausau.

Before Cane, C.J., Hoover, P.J., and Peterson, J.


¶ 1. HOOVER, P.J.

Joseph Langer appeals a summary judgment dismissing his ex-wife, Rosemary Salkowski, as a defendant in this case. Langer argues that because he and Salkowski shared physical custody of their daughter, Courtney Langer, and because Salkowski had actual physical custody on the day Courtney was involved in a traffic accident, Salkowski must share in the liability imputed to parents of minor drivers under...

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