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SYMES v. MILWAUKEE MUT. INS. CO.

No. 92-0197.

178 Wis.2d 564 (1993)

505 N.W.2d 143

John SYMES, Plaintiff-Co-Appellant v. MILWAUKEE MUTUAL INSURANCE COMPANY, and Troy R. Kelsey, Defendants-Respondents. Muriel GERVASI, d/b/a/ Black Bear Lounge, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 29, 1993.

Attorney(s) appearing for the Case

For the plaintiff-co-appellant the cause was submitted on the briefs of Kenan J. Kersten and Dyan Evans Barbeau of Kersten & McKinnon, S.C. of Milwaukee and orally argued by Kenan J. Kersten.

For the defendant-respondent the cause was submitted on the brief of William A. Johnson of McCusker and Robertson, S.C. of Madison and orally argued by William A. Johnson.

Before Gartzke, P.J., Dykman and Sundby, JJ.

SUNDBY, J.

John Symes was beaten severely in an off-premises bar fight with Troy Kelsey, an underage patron of the Black Bear Lounge, operated by defendant Muriel Gervasi. Symes attempts to state a cause of action against Gervasi and her liability insurer, Milwaukee Mutual Insurance Company, for Gervasi's negligence in allowing Kelsey to "enter and be on" the licensed premises in violation of sec. 125.07(3), Stats. He claims...

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