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KWIATKOWSKI v. CAPITOL INDEMNITY CORP.

No. 90-0878-FT.

157 Wis.2d 768 (1990)

461 N.W.2d 150

Raymond J. KWIATKOWSKI, Diane Kwiatkowski and Raymond Kwiatkowski, Jr., Plaintiffs-Appellants, v. CAPITOL INDEMNITY CORPORATION, Terry Schmechel, d/b/a Red Lion Entertainment Center, Amy Pederson and XYZ Insurance Corporation, Defendants-Respondents, AETNA LIFE & CASUALTY INSURANCE COMPANY, Defendant.

Court of Appeals of Wisconsin.

Decided August 22, 1990.

NETTESHEIM, P.J.

Raymond Kwiatkowski, Jr. (Raymond) and his parents appeal from a judgment dismissing their complaint for failure to state a claim for relief. The issue is whether the Kwiatkowskis' action is precluded in spite of sec. 125.035(4)(b), Stats., which under limited circumstances lifts the statute's general grant of immunity to providers of alcohol beverages. We conclude that the immunity exception does not apply...

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