Kwiatkowski v. Capitol Indemnity Corp.

Raymond Kwiatkowski, Jr. (Raymond) and his parents appeal from a judgment dismissing their complaint for failure to state a claim for relief. The issue is whether the Kwiatkowskis' action is precluded in spite of sec. 125.035(4)(b), Stats., which under limited circumstances lifts the statute's general grant of immunity to providers of alcohol beverages. We conclude that the immunity exception does not apply. We therefore affirm the judgment dismissing the complaint.

We take the relevant facts from the Kwiatkowskis' complaint, which must be accepted as true. Sorensen v. Jarvis, 119 Wis. 2d 627,…