Legal Opinion

Cole v. Sears, Roebuck & Co.

Wisconsin Supreme Court

Decided June 26, 1970No. 318PublishedCited by 26 opinions

1Opinion of the CourtConnor T. Hansen, J.

In Goller v. White (1963), 20 Wis. 2d 402, 413, 122 N. W. 2d 193, this court abrogated parental immunity except in two situations:

“. . . (1) Where the alleged negligent act involves an exercise of parental authority over the child; and (2) where the alleged negligent act involves an exercise of ordinary parental discretion with respect to the provision of food, clothing, housing, medical and dental services, and other care. Accordingly, the rule is abolished in personal-injury actions subject to these noted exceptions. . . .”

Appellants argue that control of play activity of a young child is a…

2Cases cited5 opinions

  1. Goller v. WhiteWisconsin Supreme Court · 1963
  2. Dunlap v. DunlapSupreme Court of New Hampshire · 1930
  3. Borst v. BorstWashington Supreme Court · 1952
  4. Lemmen v. ServaisWisconsin Supreme Court · 1968
  5. Gallagher v. McKeagueWisconsin Supreme Court · 1905

3Cited by26 opinions

  1. Holodook v. SpencerNew York Court of Appeals · 1974
  2. Foldi v. JeffriesSupreme Court of New Jersey · 1983
  3. State v. WilliquetteWisconsin Supreme Court · 1986
  4. Thoreson v. Milwaukee & Suburban Transport Corp.Wisconsin Supreme Court · 1972
  5. State v. Dale R. NeumannWisconsin Supreme Court · 2013

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