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JAMES CAPE & SONS CO. v. STREU CONST. CO.

No. 2008AP1517.

775 N.W.2d 277 (2009)

2009 WI App 144

JAMES CAPE & SONS COMPANY, by its Receiver Michael S. POLSKY, Plaintiff-Appellant, v. STREU CONSTRUCTION CO., p/k/a PCC Construction Co., Vinton Construction Co., John Streu, Ernest J. Streu, James J. Maples, Michael J. Maples and Daniel Beaudoin, Defendants-Respondents, Zurich American Insurance Company, Valiant Insurance Company, Northern Insurance Company of New York and RLI Insurance Company, Intervening Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed September 9, 2009.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Matthew J. Flynn, Andrew P. Beilfuss and John R. Remington of Quarles & Brady LLP of Milwaukee.

On behalf of the defendant-respondent Daniel Beaudoin, the cause was submitted on the brief of Patrick J. Knight and Kathryn A. Keppel of Gimbel, Reilly, Guerin & Brown of Milwaukee.

On behalf of remaining defendants-respondents, the cause was submitted on the joint brief of Daniel T. Flaherty, Michael B. Apfeld and Sean O'D. Bosack of Godfrey & Kahn, S.C., of Milwaukee, and Andrew W. Erlandson of Hurley, Burish & Stanton, S.C., of Madison.

Before BROWN, C.J., SNYDER and KESSLER, JJ.

¶ 1 BROWN, C.J.

The doctrine of respondeat superior provides that an employee's conduct is imputed to the employer when the employee is acting within the scope of his or her employment. This makes the employer vicariously liable based on the agency relationship even where there is no wrongful conduct by the employer. James Cape & Sons Company sued one of its employees, Daniel Beaudoin, and the two companies that colluded with Beaudoin in a bid-sharing scheme...

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