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GREENE v. FARNSWORTH

No. 93-2411.

188 Wis.2d 365 (1994)

525 N.W.2d 107

Latisha N. GREENE, a minor, by her guardian ad litem, Adrian P. Schoone, Richard E. Greene and Lisa M. Greene, Plaintiffs-Appellants, Misty THOMAS, by John A. Becker, her guardian ad litem, and Debra Green, Plaintiffs, v. William L. FARNSWORTH, and Wayne A. Farnsworth, Defendants-Respondents, ABC INSURANCE COMPANY and XYZ Insurance Company, Defendants, AMERICAN FAMILY MUTUAL INSURANCE COMPANY, a domestic insurance corporation, and Michael J. Riekkoff, Defendants-Third Party Plaintiffs, v. Samantha CARTWRIGHT, a minor, by her guardian ad litem, M. Angela Dentice, Third Party Defendants.

Court of Appeals of Wisconsin.

Decided October 19, 1994.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Adrian P. Schoone of Schoone, Fortune & Leuck, S.C. of Racine and Cristie Coates Leto, of counsel, of Coates, Dye, Foley & Shannon, S.C. of Racine.

On behalf of the defendants-respondents, the cause was submitted on the joint briefs of Jeffrey Leavell and Kevin Harrington of Capwell & Berthelsen of Racine (on behalf of defendant-respondent William L. Farnsworth); and Michael A. Mesirow and Kevin A. Christensen of Kasdorf, Lewis & Swietlik, S.C. of Milwaukee (on behalf of defendant-respondent Wayne A. Farnsworth).

On behalf of the Wisconsin Academy of Trial Lawyers, there was an amicus curiae brief by Mark L. Thomsen of Cannon & Dunphy, S.C. of Milwaukee.

On behalf of the Civil Trial Counsel of Wisconsin, there was an amicus curiae brief by Jeffrey S. Fertl and Susan R. Tyndall of Hinshaw & Culbertson of Milwaukee.

Before Brown, Nettesheim and Snyder, JJ.

SNYDER, J.

Latisha N. Greene, by her guardian ad litem, and her parents, Richard E. and Lisa M. Greene, appeal from an order dismissing Latisha's personal injury complaint against William L. Farnsworth and Wayne A. Farnsworth for failure to state a claim for relief. The dispositive issue presented is whether the immunity granted to providers of alcoholic beverages in § 125.035(2), STATS., precludes liability in an action in civil conspiracy and aiding and abetting...

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