Opinion
No. 82-1921.
Submitted on briefs: August 22, 1983.
Decided: December 27, 1983.
APPEAL from a judgment of the circuit court for St. Croix county: JOHN G. BARTHOLOMEW, Judge. Affirmed.
For the plaintiffs-appellants the cause was submitted on the briefs of Hammarback Law Office and B.J. Hammarback of Spring Valley.
For the defendant-respondent the cause was submitted on the briefs of Doar, Drill Skow, S.C. and Thomas D. Bell of New Richmond.
Before Foley, P.J., Dean and Cane, JJ.
We hold that a Minnesota judgment imposing dram shop liability on a Wisconsin bar for selling alcohol in Wisconsin is invalid. Wisconsin has rejected dram shop liability, Olsen v. Copeland, 90 Wis.2d 483, 488-90, 280 N.W.2d 178, 180-81 (1979), and Loch Ness was entitled to rely on this in insuring and conducting its bar business in Wisconsin. Minnesota is not entitled to export its public policy to Wisconsin, a coequal sovereign. See World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 292-93 (1980). The circuit court therefore correctly refused to enforce the Minnesota judgment.
The judgment also would no longer be enforced in Minnesota. The judgment is for damages from a Minnesota automobile accident. The accident was caused by Roger Lee, who had been drinking at the Loch Ness Bar in St. Croix County, Wisconsin, some four miles from the Wisconsin-Minnesota border. The basis for Loch Ness's liability was that it negligently served too many drinks to Lee Loch Ness did not appear in the Minnesota action, The Henneses took a default judgment. Jurisdiction for this judgment was based on Minnesota Supreme Court decisions that have since been overruled. See West American Insurance Co. v. Westin, 337 N.W.2d 676 (Minn. 1983).:
The Minnesota judgment specifically stated that Loch Ness made "no appearance. . . . " We therefore reject the Hennes' contention that Loch Ness entered a general appearance or waived the issue of personal jurisdiction.
By the Court. — Judgment affirmed.