01-0971 Farr v. Alternative Living Services, Inc.

By: dmc-admin//April 1, 2002//

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“As the emphasized phrases demonstrate, the complaint alleges that Alternative Living undertook the duty to provide adequate care to Farr, which it failed to do in various ways, and that, as a result of these failures, Farr suffered physical and emotional injuries. The complaint includes all of the essential elements of a negligence claim, and we thus conclude it sufficiently states a cause of action in negligence, despite the absence of the word ‘negligence’ in the allegations.”

Finally, we conclude that the legislature did not intend to provide residents of community-based residential facilities a private cause of action for statutory or code violations.

Reversed and remanded for further proceedings on plaintiff’s negligence claim.

Recommended for publication in the official reports.

Dist IV, Dane County, Albert, J., Deininger, J.

Attorneys:

For Appellant: Matthew H. Boller, Monona

For Respondent: Steven T. Caya, Milwaukee

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