Legal Opinion

Kerl v. Dennis Rasmussen, Inc.

Wisconsin Supreme Court

Decided June 29, 2004No. 02-1273PublishedCited by 62 opinions

1Opinion of the CourtDiane S. Sykes, J.

¶ 1. This case involves a claim of franchisor vicarious liability under the doctrine of respondeat superior. At issue is whether and under what circumstances a franchisor may be vicariously liable for the negligence of its franchisee.

¶ 2. The issue arises in the context of a damages lawsuit stemming from a horrific crime. Harvey Pierce ambushed and shot Robin Kerl and her fiancé David Jones in the parking lot of a Madison Wal-Mart where Kerl and Jones worked. Kerl was seriously injured in the shooting, and Jones was killed. Pierce, who was Kerl's former boyfriend, then shot and killed…

2Cases cited30 opinions

  1. Green Spring Farms v. KerstenWisconsin Supreme Court · 1987
  2. Folsom v. Burger KingWashington Supreme Court · 1998
  3. Pamperin v. Trinity Memorial HospitalWisconsin Supreme Court · 1988
  4. Holiday Inns, Inc. v. NewtonCourt of Appeals of Georgia · 1981
  5. Arsand v. City of FranklinWisconsin Supreme Court · 1978

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3Cited by62 opinions

  1. Earnest D. Shields v. Illinois Department of CorrectCourt of Appeals for the Seventh Circuit · 2014
  2. Papa John's International Inc. v. McCoyKentucky Supreme Court · 2008
  3. Patterson v. Domino's Pizza, LLCCalifornia Supreme Court · 2014
  4. Depianti v. Jan-Pro Franchising International, Inc.Massachusetts Supreme Judicial Court · 2013
  5. Tatera v. FMC Corp.Wisconsin Supreme Court · 2010

57 more not listed; retrieve them via the Exa API.

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