Statutory Interpretation

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WI Court of Appeals – District IV

Case Name: Grayson Rosenthal, A Minor, et al. v. Jordan H. Christian, A Minor, et al.

Case No.: 2016AP444

Officials: Lundsten, P.J., Sherman and Kloppenburg, JJ.

Focus: Statutory Interpretation

Renata Brandenburg and her minor son Grayson Rosenthal appeal a summary judgment order that dismissed The Farmers Automobile Insurance Association (Farmers) from a personal injury lawsuit that Brandenburg and Grayson filed against Farmers and its insureds, Jayne Christian and her minor son Jordan Christian. The lawsuit was based upon allegations that Jordan injured Grayson by choking him with a wrestling move while the children were playing and that Christian provided negligent supervision over her son. We conclude that case law interpreting policy language substantially similar to that at issue here compels the determination that the Farmers policy did not provide coverage for Jordan’s conduct, because the chokehold constituted an intentional act. We further conclude that the policy at issue did not provide coverage for Christian’s conduct because her conduct was not an independent concurrent cause of Grayson’s injuries.

We apply the general summary judgment method of examining the parties’ opposing affidavits, depositions, and other materials in the light most favorable to the party opposing summary judgment to determine whether there are any material facts in dispute that would require trial. See WIS. STAT. § 802.08(3) (2015-16)2 (setting forth the standard for summary judgment) and State v. Dunn, 213 Wis. 2d 363, 368, 570 N.W.2d 614 (Ct. App. 1997) (discussing summary judgment methodology).

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.