Lemmen v. Servais

The issue presented is whether the third-party complaint alleging the parents to be causally negligent in failing to properly instruct a six-year-old child in how to leave a school bus and cross a highway states facts sufficient to constitute a cause of action for contribution to the child’s claim for damages.

In Goller v. White (1963), 20 Wis. 2d 402, 413, 122 N. W. 2d 193, this court abrogated the parental-immunity rule in negligence cases except in two situations: (1) Where the alleged negligent act involves an exercise of parental authority over the child; and (2) where the alleged…