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NUNEZ v. AMERICAN FAMILY MUT. INS.

No. 02-1041.

260 Wis.2d 377 (2003)

2003 WI App 35

659 N.W.2d 171

Courtney NUNEZ, a minor, by her Guardian ad Litem, Theodore Poulos, Pamela Nunez and David Nunez, Plaintiffs-Appellants, v. AMERICAN FAMILY MUTUAL INSURANCE, Daniel R. Rathke, and State Farm Fire and Casualty Company, Defendants-Respondents, WEA INSURANCE CORPORATION, Defendant.

Court of Appeals of Wisconsin.

Decided January 29, 2003.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the brief of James C. Gallanis of Aiken & Scoptur, S.C. of Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the brief of Frederick J. Smith of Peterson, Johnson & Murray, S.C. of Milwaukee, and Kevin A. Christensen of Lieb & Katt, S.C. of Milwaukee.

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

¶ 1. NETTESHEIM, P.J.

Courtney Nunez, a minor, was injured when she jumped from the tailgate of a pickup truck in the destaging area of a parade sanctioned by the village of Jackson. Courtney, by her guardian ad litem, and her parents, Pamela and David Nunez, brought this negligence action against Daniel R. Rathke, the driver of the pickup truck. A jury determined that Rathke was not negligent.

¶ 2. The Nunezes argue that the trial court erred in...

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