Koback v. Crook

366 N.W.2d 857, 123 Wis. 2d 259, 1985 Wisc. LEXIS 2206
CourtWisconsin Supreme Court
DecidedApril 30, 1985
Docket84-1080
StatusPublished
Cited by78 cases

This text of 366 N.W.2d 857 (Koback v. Crook) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Koback v. Crook, 366 N.W.2d 857, 123 Wis. 2d 259, 1985 Wisc. LEXIS 2206 (Wis. 1985).

Opinions

HEFFERNAN, CHIEF JUSTICE.

The question presented is whether a third party, Leslie Koback, injured by an intoxicated driver, Michael Crook, has a common law cause of action for negligence against Mr. and Mrs. Cecil Brooks and their adult son, Paul Brooks, the social hosts, who served alcohol to a minor, Michael Crook, [261]*261when the hosts knew, or should have known, that Crook was a minor and knew, or should have known, that the minor guest would drive, and when the minor’s consumption of alcohol was a cause of the injury to the third party.

We conclude that the circuit court erred when it concluded that the complaint failed to state a claim upon which relief can be granted. Accordingly, we reverse and remand to the circuit court for further proceedings.

The case comes to us on appeal from the circuit court for Dodge county, Henry G. Gergen, Jr., circuit judge, on a petition by Leslie Koback and her parents, the plaintiffs-appellants, to bypass the court of appeals pursuant to sec. 809.60, Stats.

In the circuit court, Judge Gergen, in response to a motion to dismiss, relying upon Wisconsin decisional law as it then existed, held, in a decision dated April 18, 1984, that no cause of action, i.e., no claim for which relief could be granted, existed under the facts alleged, in Wisconsin. He concluded that a social host could not be liable for negligently serving intoxicating beverages to a guest under the facts stated in the complaint.1 Judgment of dismissal was entered on May 1, 1984. Appeal [262]*262was brought by Leslie Koback and her parents, David and Susan Koback.2

The amended complaint alleges that, on June 16, 1982, Leslie Koback, a young woman of seventeen, attended a high school graduation party at the home of Mr. and Mrs. Cecil Brooks and their son, Paul Brooks. Paul was an eighteen-year-old adult at the time. Michael Crook, seventeen, was also a guest at the party. The Kobacks, the plaintiffs, allege that:

“Mr. and Mrs. Cecil Brooks and Paul Brooks furnished beer to the minor guests at the party at their home . . . and they knew or should have known that beer and/or other alcoholic beverages would be consumed by the minor guests at the party.”

It was also alleged that Michael Crook drank alcoholic beverages and became intoxicated. The plaintiffs allege that:

“[The Brooks] knew or should have known that minors, or some of them, would leave the premises by automobile or motorcycle, thereby creating an unreasonable risk of harm to those minors operating the vehicles and their passengers.”

They allege that the Brooks knew that Michael Crook was a minor, knew that he had driven his motorcycle to the party, and knew of his intention to leave the party with Leslie Koback as a passenger on his motorcycle.

It is also alleged that, at approximately 10:30 p.m., Michael Crook, in an intoxicated condition, left the party on his motorcycle with Leslie Koback as a passenger. Shortly thereafter, Michael’s motorcycle struck a parked car, throwing Leslie to the pavement, causing very severe personal injuries, compensation for which is sought in this lawsuit.

[263]*263The essence of the plaintiffs’ cause of action appears in the amended complaint:

“Mr. and Mrs. Cecil Brooks and Paul Brooks were negligent in the following respects:
“(a) in causing and permitting intoxicating beverages to be served to Michael Crook and the other minors at the party;
“(b) in permitting Michael Crook to leave the party with Leslie Koback, when they knew or should have known that he had consumed intoxicating beverages and it was his intention to operate his motorcycle with Leslie Koback as his passenger;
“(c) in failing to ascertain and to warn Leslie Koback of the intoxicated condition of Michael Crook;
“(d) in failing to properly supervise the party so as to have prevented minors from consuming alcoholic beverages and so as to have prevented guests at the party from being transported by persons with whom it would be unsafe to ride;
“(e) in failing to provide a safe means of transportation from the party when they knew or, in the exercise of reasonable care should have known, that such transportation was necessary.”

It was alleged that such negligence was a “substantial factor in producing Leslie Koback’s injuries and the damages to her and her parents.”

The question thus presented on this appeal is whether the facts alleged, if true — and on a motion to dismiss we assume them to be true — state a claim upon which relief can be granted. Quesenberry v. Milwaukee County, 106 Wis. 2d 685, 690, 317 N.W.2d 468 (1982). Does a third party, in this case Leslie Koback, have a cause of action or a claim against the three members of the Brooks family who were the hosts of a minor, Michael Crook, at a party where they were negligent in the respects specified in the complaint.

This court has not heretofore been called upon to determine the possible liability of a social host who alleged[264]*264ly negligently serves a minor guest alcoholic beverages which cause conduct by the guest that results in injury.

This court, however, in Sorensen v. Jarvis, 119 Wis. 2d 627, 350 N.W.2d 198 (1984), recently abrogated the common law non-liability rule in respect to vendors, of alcoholic beverages and held that the vendor may be liable to a third party for negligently furnishing alcohol to a minor when the alcohol so supplied is a substantial factor in causing injuries to a third party. This court did so by expressly rejecting the outdated common-law notion that it was only the consumption of the alcoholic beverages and not the negligent furnishing of them that was the cause of the inj ury.

Additionally, in Sorensen, the court made it clear that it was not precluded from changing the common-law court-made doctrine theretofore shielding the vendor from liability. Moreover, the court held, consistent with previous declarations of this court in tort cases, that the imposition of liability on a vendor whose conduct was a substantial factor in causing the injury was a matter of public policy in the sense that, where there was a proved chain of causation between conduct and result, it was for the court to determine whether or not there should be liability, and that a reasonable view of appropriate public policy compelled this court to abolish the negligent liquor vendors’ specious common-law shield from civil liability. Those cases that relied upon this court’s former articulation of public policy that protected the vendor from liability were expressly overruled. Garcia v. Hargrove (Garcia I), 46 Wis. 2d 724, 176 N.W.2d 566 (1970); Garcia v. Hargrove (Garcia II), 52 Wis. 2d 289, 190 N.W.2d 181 (1971); Olsen v. Copeland, 90 Wis. 2d 483, 280 N.W.2d 178 (1979).

In Sorensen,

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Bluebook (online)
366 N.W.2d 857, 123 Wis. 2d 259, 1985 Wisc. LEXIS 2206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/koback-v-crook-wis-1985.