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NIELSEN v. SPENCER

No. 2004AP3032.

287 Wis.2d 273 (2005)

2005 WI App 207

704 N.W.2d 390

Jane NIELSEN, Jonathan Lopez, a minor by Jeffrey A. Pitman, his Guardian, and Gerardo Lopez, Plaintiffs-Appellants, GREAT NORTHERN CORPORATION, Involuntary-Plaintiff, v. Terese A. SPENCER, Franklin Spencer, and State Farm Fire & Casualty Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided August 10, 2005.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the brief of Jonathan P. Groth of Pitman, Kyle & Sicula, S.C., Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the brief of Robert Bull and Matthew T. Fricker of Crivello, Carlson & Mentkowski, S.C., Milwaukee.

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

¶ 1. ANDERSON, P.J.

Terese A. Spencer's son, Franklin Spencer, allegedly hit Jonathan Lopez over the head with a weapon causing him to sustain serious head injuries. Jane Nielsen, Lopez's mother, and Lopez, by his father and a guardian ad litem, filed a claim against Terese for negligent failure to control a child pursuant to RESTATEMENT (SECOND) OF TORTS § 316 (1965). Lopez argues that the circuit court erred...

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