Supreme Court Decision Today
Written by Daniel on March 25, 2008 – 2:43 pm - Welcome, if you're new here, you may want to subscribe to our RSS feed or subscribe to our email newsletter. Thanks for visiting!
The Wisconsin Supreme Court released its decision in Shannon v. Progressive Northern Mutual Insurance today. I haven’t had a chance to read the opinion (it was unanimous, with a concurrence by the Chief), but I noted this at the top of the sheet:
An amicus curiae brief was filed by William C. Gleisner, III and Law Offices of William C. Gleisner, Milwaukee; Linda V. Meagher and Habush Habush & Rottier, S.C., Waukesha; and Lora A. Kaelber and End, Hierseman & Crane, LLC, Milwaukee, on behalf of the Wisconsin Academy of Trial Lawyers.
Mr. Gleiser and WATL, presumably, were siding with the plaintiffs in the case against the insurance company. The Court of Appeals had issued an unpublished opinion for the plaintiffs. The Supreme Court reversed, in an opinion by J. Crooks:
We reverse the decision of the court of appeals. Doing so, we hold that, based on public policy grounds, a claim for common-law negligence cannot be maintained against social hosts, such as the Niesens, who allegedly were aware that minors on their property were consuming alcohol, but who did not provide the alcohol, when an underage guest later allegedly caused an alcohol-related car accident. To hold otherwise would be a significant extension of common-law liability. If that is to occur, in this instance, it should be done by the legislature, not by this court.
In her concurrence, the Chief Justice writes, “I write further to express my reservations about the court of appeals’ sketchy analysis of Wis. Stat. ยง 125.07(1)(a)3.” — Sketchy, in a WI S.C. opinion — that’s classic!
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April 1st, 2008 at 2:25 pm
The truly amazing thing about this case is that the Supreme Court DIDN’T create a new cause of action. We’re so disappointed…