Hennes v. Loch Ness Bar

344 N.W.2d 205, 117 Wis. 2d 397, 1983 Wisc. App. LEXIS 4257

• Court: Court of Appeals of Wisconsin
• Decided: December 27, 1983
• Docket: 82-1921
• Status: Published

Opinion

FOLEY, P.J.

We hold that a Minnesota judgment imposing dram shop liability on a Wisconsin bar for selling alcohol in Wisconsin is invalid. Wisconsin has rejected dram shop liability, Olsen v. Copeland, 90 Wis. 2d 483, 488-90, 280 N.W.2d 178, 180-81 (1979), and Loch Ness was entitled to rely on this in insuring and conducting its bar business in Wisconsin. Minnesota is not entitled to export its public policy to Wisconsin, a coequal sovereign. See World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 292-93 (1980). The circuit court therefore correctly refused to enforce the Minnesota judgment.

The judgment also would no longer be enforced in Minnesota. The judgment is for damages from a Minnesota automobile accident. The accident was caused by Roger Lee, who had been drinking at the Loch Ness Bar in St. Croix County, Wisconsin, some four miles from the Wisconsin-Minnesota border. The basis for Loch Ness’s liability was that it negligently served too many drinks to Lee. Loch Ness did not appear in the Minnesota action, 1 and the Henneses took a default judgment. Jurisdiction for this judgment was based on Minnesota Supreme Court decisions that have since been overruled. See West American Insurance Co. v. Westin, 337 N.W.2d 676 (Minn. 1983).

By the Court. — Judgment affirmed.

1 The Minnesota judgment specifically stated that Loch Ness made “no appearance . . . .” We therefore reject the Hennes’ contention that Loch Ness entered a general appearance or waived the issue of personal jurisdiction.