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ANDERSON v. AMERICAN FAMILY MUT. INS. CO.

No. 02-0980.

267 Wis.2d 121 (2003)

2003 WI 148

671 N.W.2d 651

Mark ANDERSON and Janet Anderson, his wife, Plaintiffs-Appellants, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant-Respondent, Mary Anne BRASURE, Defendant-Respondent-Petitioner, Gregory L. BRASURE, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided November 25, 2003.

Attorney(s) appearing for the Case

For the defendant-respondent-petitioner there were briefs by Mark A. Pennow, Tina M. Dahle and Denissen, Kranzush, Mahoney & Ewald, S.C., Green Bay, and oral argument by Mark A. Pennow.

For the plaintiffs-appellants there was a brief by Frank W. Kowalkowski and Hanaway, Weidner, Bachhuber, Woodward & Maloney, S.C., Green Bay, and oral argument by Frank W. Kowalkowski.

An amicus curiae brief was filed by Edward E. Robinson and Cannon & Dunphy, S.C., Brookfield, on behalf of The Wisconsin Academy of Trial Lawyers.

¶ 1. DIANE S. SYKES, J.

In Wisconsin, persons who furnish alcohol beverages to others are statutorily immune from civil liability arising out of the act of furnishing the alcohol. See Wis. Stat. § 125.035(2) (1999-2000).1 This immunity is subject to an exception: if the provider knew or should have known that the person to whom he was providing the alcohol was under the legal...

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