Richards v. Badger Mutual Insurance

¶ 1. We are asked to review a decision of the court of appeals that reversed the circuit court's decision,1 which concluded that the stipulated facts of this case present a "common scheme or plan" that invokes joint and several liability under Wis. Stat. § 895.045(2) (2005-06).2 We affirm the court of appeals.

¶ 2. We conclude as follows: (1) Wis. Stat. § 895.045(2) is the legislative codification of the concerted action theory of liability; (2) the damages in this case resulted from the consumption of beer to the point of intoxication and the subsequent decision to drive while intoxicated;…