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KERL v. DENNIS RASMUSSEN, INC.

No. 02-1273.

273 Wis.2d 106 (2004)

2004 WI 86

682 N.W.2d 328

Robert KERL, General Guardian of Robin Kerl, The Estate of David Jones, Benjamin Jones and Donna Roberts, Plaintiffs-Appellants-Cross-Respondents-Petitioners, ATTORNEY GENERAL, Wisconsin Department of Health and Family Services, and Wal-Mart Personal Choice, Involuntary-Plaintiffs, v. DENNIS RASMUSSEN, INC. and Continental Western Insurance, Unidentified Defendant ABC (Arby's Inc.'s Insurer), Defendants, ARBY'S INC. d/b/a Triarc Restaurant Group, Defendant-Respondent-Cross-Appellant.

Supreme Court of Wisconsin.

Decided June 29, 2004.

Attorney(s) appearing for the Case

For the plaintiffs-appellants-cross-respondents-petitioners there were briefs by Daniel W. Hildebrand and DeWitt Ross & Stevens, S.C., Madison; Douglas B. Keberle and Keberle & Patrykus, LLP, West Bend; and Donald J. Murphy and Murphy Vaughan & Pressentin, LLC, Monona, and oral argument by Daniel W. Hildebrand.

For the defendant-respondent-cross-appellant, Arby's Inc., d/b/a Triarc Restaurant Group there was a brief by Emile H. Banks, Jr., Vicki L. Arrowood and Emile Banks & Associates, LLC, Milwaukee, and oral argument by Emile Banks.

¶ 1. DIANE S. SYKES, J.

This case involves a claim of franchisor vicarious liability under the doctrine of respondeat superior. At issue is whether and under what circumstances a franchisor may be vicariously liable for the negligence of its franchisee.

¶ 2. The issue arises in the context of a damages lawsuit stemming from a horrific crime. Harvey Pierce ambushed and shot Robin Kerl and her fiancé...

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