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SORENSEN v. JARVIS

No. 83-1821, 83-1834.

119 Wis.2d 627 (1984)

350 N.W.2d 108

Zachary SORENSEN and Sarah F. Sorensen, minors, by John F. Kerscher, their guardian ad litem, and Ronald Tempesta and Irene P. Tempesta, their guardians, Plaintiffs-Appellants, v. Ronald W. JARVIS, Richard Jarvis and Wisconsin Employers Casualty Company, Defendants, FRANKSVILLE BANK OF LIQUORS, LTD., Defendant-Respondent. Scott A. FERRARO, a minor, by C. James Heft, his guardian ad litem, and Karen Ferraro, his mother, Plaintiffs-Appellants, v. Ronald W. JARVIS, Richard Jarvis, his father and sponsor, and The Wisconsin Employers Casualty Company, an insurance corporation, Defendants, Robert M. TONAR, doing business under the name and style of Franksville Bank of Liquors, Ltd., Defendant-Respondent.

Supreme Court of Wisconsin.

Decided June 28, 1984.

Attorney(s) appearing for the Case

For the plaintiffs-appellants in case no. 83-1821 there were briefs by John F. Kerscher and Constantine, Christensen, Krohn & Kerscher, S.C., Racine, and oral argument by John F. Kerscher.

For the plaintiffs-appellants in case no. 83-1834 there were briefs by C. James Heft and Heft, Dye, Heft & Paulson, S.C., Racine, Janet Gill Hernandez and T. Christopher Kelly, Madison, of counsel, and oral argument by C. James Heft.

For the defendant-respondent there were briefs by Robert L. Swanson and DeMark, Kolbe & Brodek, S.C., Racine, and oral argument by Mr. Swanson.

Amicus curiae briefs were filed by Peter A. Peshek, Judy A. Derouin and DeWitt, Sundby, Huggett, Schumacher & Morgan, S.C., Madison, for the Tavern League of Wisconsin, Inc.; and, Howard A. Davis, Charles F. Stierman and Habush, Habush & Davis, S.C., Milwaukee, for Milwaukee County Chapter of Mothers Against Drunk Drivers.

HEFFERNAN, C.J.

These cases are before us on appeal from judgments of the circuit court for Racine county, James Wilbershide, Circuit Judge, dismissing the complaints because they fail to state a claim upon which relief could be granted.1

The question here is whether a third party injured by an intoxicated minor has a common law negligence action against a retail seller for the negligent sale of an intoxicating beverage to a person...

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