Symes v. Milwaukee Mutual Insurance

John Symes was beaten severely in an off-premises bar fight with Troy Kelsey, an underage patron of the Black Bear Lounge, operated by defendant Muriel Gervasi. Symes attempts to state a cause of action against Gervasi and her liability insurer, Milwaukee Mutual Insurance Company, for Gervasi's negligence in allowing Kelsey to "enter and be on" the licensed premises in violation of sec. 125.07(3), Stats. He claims that this negligence is "separate and independent" of Gervasi's negligence in serving Kelsey intoxicating beverages. Milwaukee Mutual's policy excludes coverage for bodily injury…