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Kerl v. Dennis Rasmussen, Inc.

Wisconsin Supreme Court
682 N.W.2d 328 (2004)

Written by Sean Carroll, JD

Facts

Dennis Rasmussen, Inc. (DRI) (defendant) was an Arby’s (defendant) franchisee. The franchise agreement contained specific requirements for DRI’s operation of its franchise, but Arby’s had no role in the day-to-day operation of the franchise. For example, under the terms of the franchise agreement, DRI had sole control over the hiring and management of its employees. David Pierce worked at DRI’s Arby’s restaurant. During one shift, Pierce left without permission and shot his former girlfriend Robin Kerl and her fiancé, David Jones. Kerl sustained debilitating injuries. Jones died. Pierce then shot and killed himself. The estates of Kerl and Jones (plaintiffs) sued DRI and Arby’s, seeking to hold Arby’s vicariously liable under the doctrine of respondeat superior.

Rule of Law

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Issue

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Holding and Reasoning (Sykes, J.)

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A "yes" or "no" answer to the question framed in the issue section;
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