Torts — dram shop law

Listen to this article

Wisconsin Court of Appeals

Civil

Torts — dram shop law

This is a review of an order for summary judgment based on Wis. Stat. § 125.035 (2011-12), Wisconsin’s “dram shop” law. Jennifer Serkowski sued Bonnie and Clyde’s Hideaway, LLC (the Bar) after she was injured in a car accident with her nineteen-year-old friend, Tara Wilson. Serkowski claims the Bar served alcoholic beverages to underage Wilson, who later backed her car into Serkowski. Wisconsin Stat. § 125.035 grants immunity to tavernkeepers from civil liability arising out of the act of selling alcohol, unless the provider knew or should have known the drinker was underage. When a provider relies in good faith on false identification, immunity is retained if the minor’s appearance is such that an ordinary and prudent person would believe that the minor was twenty-one years of age. Here, the circuit court granted summary judgment to the Bar after Serkowski failed to refute the Bar’s prima facie case that it was entitled to immunity. We affirm. Not recommended for publication in the official reports.

2012AP2187 Serkowski v. Bonnie & Clyde’s Hideaway LLC, et al.

Dist II, Racine County, Constantine, J., Neubauer, P.J.

Attorneys: For Appellant: Perlberg, Thomas A., Milwaukee; For Respondent: Shannon, John G., Racine