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OLSEN v. COPELAND

No. 77-626.

90 Wis.2d 483 (1979)

280 N.W.2d 178

OLSEN, and others, by their Guardian ad Litem Richard E. Reilly, Plaintiffs-Respondents, v. COPELAND, individually and d/b/a Parkland Tap, Defendant-Appellant: JENSEN, Defendant.

Supreme Court of Wisconsin.

Decided June 29, 1979.

Attorney(s) appearing for the Case

For the appellant there was a brief by Cape, Gempeler & Jones, attorneys, and Carl F. Schetter, of counsel, all of Milwaukee, and oral argument by Mr. Schetter.

For the respondents there was a brief by Franklyn M. Gimbel, Linda S. Vanden Heuvel and Gimbel, Gimbel & Reilly of Milwaukee, and oral argument by Ms. Vanden Heuvel.

Amicus curiae brief of Tavern League of Wisconsin was filed by Dale P. Gerdes, of Milwaukee, attorney for Tavern League of Wisconsin.

CONNOR T. HANSEN, J.

The question presented by the parties on this appeal is whether a third party injured by an intoxicated person has a common-law cause of action against a tavernkeeper for the negligent sale of intoxicating beverages to a patron the tavernkeeper knew or should have known was intoxicated and who the tavernkeeper knew or should have known would be driving.

However, in its decision the trial court...

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