Fandrey v. American Family Mutual Insurance Co., 272 Wis. 2d 46

Summary

The Supreme Court of Wisconsin considered whether traditional public-policy factors may preclude liability under Wisconsin's dog-bite statute, Wis. Stat. § 174.02, after statutory liability is otherwise established. The court held that such factors may limit liability and affirmed summary judgment for American Family Mutual Insurance Company because the undisputed facts supported preclusion of the claim.

Holdings

1. Wisconsin courts may use the traditional six public-policy factors, formerly associated with proximate cause, to limit or preclude liability under the dog-bite statute even when the plaintiff otherwise establishes statutory liability and cause-in-fact.
2. A trial is not required when the material facts are undisputed, easily ascertainable, and the relevant public-policy issues have been fully presented.
3. Public policy precluded liability because recovery would be disproportionate to the homeowners' culpability, impose an unreasonable burden on them, and enter a field with no sensible or just stopping point.

Questions Presented

1. Whether traditional public-policy factors may preclude liability under Wisconsin's strict-liability dog-bite statute, Wis. Stat. § 174.02, even when statutory liability and cause-in-fact are otherwise established.
2. Whether the circuit court properly applied public-policy factors to grant summary judgment without a trial.
3. Whether the undisputed facts supported the conclusion that recovery would be disproportionate to the homeowners' culpability, impose an unreasonable burden, and enter a field with no sensible or just stopping point.

Disposition

affirmed