Negligence Statutory Claim

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WI Court of Appeals – District III

Case Name: Beth L. Baker, et al. v. Wilson Auto Collision, Inc.

Case No.: 2016AP423

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Negligence Statutory Claim

Beth and Scott Baker appeal a summary judgment dismissing their personal injury claims against Wilson Auto Collision, Inc. (Wilson). The Bakers argue Wilson acted negligently and violated WIS. STAT. § 125.07(1)(a) (2013-14) by creating a work environment that permitted drinking by employees, including Jeffrey Steele, an underage employee who, after consuming alcohol at the shop, drove his vehicle and struck a vehicle operated by Beth Baker, causing her severe injuries. Pursuant to the holding in Nichols v. Progressive Northern Insurance Co., 2008 WI 20, 308 Wis. 2d 17, 746 N.W.2d 220, we conclude that public policy considerations preclude the Bakers’ commonlaw claims given the absence of any evidence Wilson actively, directly, and affirmatively provided alcohol to Steele, and that the Bakers’ statutory claim fails. We affirm.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.