Burch v. American Family Mutual Insurance

Paul and Connie Burch appeal a summary judgment dismissing their complaint against American Family Mutual Insurance Company. Paul and Connie contend that the trial court erred by finding, as a matter of law, that their fifteen-year-old daughter, Amy Burch, was incapable of negligence and that Paul was more negligent than Amy. They argue that the court applied the wrong legal standard to the questions concerning Amy's capacity for negligence and the compari*610son of negligence between Paul and Amy, and that disputed issues of material fact preclude summary judgment.

Because we conclude that the…