vicarious liability claim (Wisconsin) · Go Syfert
← Wisconsin issues

vicarious liability claim in Wisconsin

8 Wisconsin opinions name it 2 courts 1996–2025 1 in the last five years

The cases below were cited by Wisconsin courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
L.L.N. v. Claudergreen
wis · 1997 · cited in 2 Wisconsin opinions naming this issue, 2009–2017
2 sentences

2017Instead, the claim "focuse[d] on WVCY's negligence in supervising its employees— whether or not the employees committed the underlying wrong intentionally." Id.; see also L.L.N. v. Clauder, 209 Wis. 2d 674 , 698-99 n.21, 563 N.W.2d 434 (explaining that "[i]n contrast [to a vicarious liability claim], with a negligent supervision claim, an employer is alleged to be liable for a negligent act or omission it has committed in supervising its employee.

2017Instead, the claim "focuse[d] on WVCY's negligence in supervising its employees— whether or not the employees committed the underlying wrong intentionally." Id.; see also L.L.N. v. Clauder, 209 Wis. 2d 674 , 698-99 n.21, 563 N.W.2d 434 (explaining that "[i]n contrast [to a vicarious liability claim], with a negligent supervision claim, an employer is alleged to be liable for a negligent act or omission it has committed in supervising its employee.

12
Shannon v. City of Milwaukeegreen
wis · 1980 · cited in 2 Wisconsin opinions naming this issue, 1997–2009
2 sentences

2009Thus, vicarious liability is based solely on the agency relationship of a master and servant." L.L.N. v. Clauder, 209 Wis.2d 674 , 698 n. 21, 563 N.W.2d 434 (1997) (citing Shannon v. City of Milwaukee, 94 Wis.2d 364, 370 , 289 N.W.2d 564 (1980); Restatement (Second) of Agency § 219(1) (1957)) (distinguishing between vicarious liability and negligent supervision).

2009Thus, vicarious liability is based solely on the agency relationship of a master and servant." L.L.N. v. Clauder, 209 Wis.2d 674 , 698 n. 21, 563 N.W.2d 434 (1997) (citing Shannon v. City of Milwaukee, 94 Wis.2d 364, 370 , 289 N.W.2d 564 (1980); Restatement (Second) of Agency § 219(1) (1957)) (distinguishing between vicarious liability and negligent supervision).

12
Sharon Karibian v. Columbia University, John Borden, Defendants-Cross-Claimants-Appellees v. Mark Urban, Defendant-Cross-Defendant-Appelleegreen
ca2 · 1994 · cited in 1 Wisconsin opinions naming this issue, 1996–1996
1 sentence

1996It was not argued by the parties in that case, however, or mentioned in the majority opinion. 16 Hicks v. Gates Rubber Co., 833 F.2d 1406, 1418 (10th Cir. 1987) (mentioning the section briefly in one paragraph in fourteen-page opinion); Graves v. Wayne County, 333 N.W.2d 740, 742-43 (Mich. Ct. App. 1983) (mentioning the section in a quoted excerpt from another case, but including no separate analysis by the deciding court). 17 McCann v. State Dep't of Mental Health, 247 N.W.2d 521, 526 (Mich. 1976). 18 Sparks v. Pilot Freight Carriers, Inc., 830 F.2d 1554, 1559-60 (11th Cir. 1987) (involving a

11
McCann v. Michigangreen
mich · 1976 · cited in 1 Wisconsin opinions naming this issue, 1996–1996
1 sentence

1996It was not argued by the parties in that case, however, or mentioned in the majority opinion. 16 Hicks v. Gates Rubber Co., 833 F.2d 1406, 1418 (10th Cir. 1987) (mentioning the section briefly in one paragraph in fourteen-page opinion); Graves v. Wayne County, 333 N.W.2d 740, 742-43 (Mich. Ct. App. 1983) (mentioning the section in a quoted excerpt from another case, but including no separate analysis by the deciding court). 17 McCann v. State Dep't of Mental Health, 247 N.W.2d 521, 526 (Mich. 1976). 18 Sparks v. Pilot Freight Carriers, Inc., 830 F.2d 1554, 1559-60 (11th Cir. 1987) (involving a

11
Barbara Sparks v. Pilot Freight Carriers, Inc.green
ca11 · 1987 · cited in 1 Wisconsin opinions naming this issue, 1996–1996
1 sentence

1996It was not argued by the parties in that case, however, or mentioned in the majority opinion. 16 Hicks v. Gates Rubber Co., 833 F.2d 1406, 1418 (10th Cir. 1987) (mentioning the section briefly in one paragraph in fourteen-page opinion); Graves v. Wayne County, 333 N.W.2d 740, 742-43 (Mich. Ct. App. 1983) (mentioning the section in a quoted excerpt from another case, but including no separate analysis by the deciding court). 17 McCann v. State Dep't of Mental Health, 247 N.W.2d 521, 526 (Mich. 1976). 18 Sparks v. Pilot Freight Carriers, Inc., 830 F.2d 1554, 1559-60 (11th Cir. 1987) (involving a

11
Marguerite Hicks v. The Gates Rubber Companygreen
ca10 · 1987 · cited in 1 Wisconsin opinions naming this issue, 1996–1996
1 sentence

1996It was not argued by the parties in that case, however, or mentioned in the majority opinion. 16 Hicks v. Gates Rubber Co., 833 F.2d 1406, 1418 (10th Cir. 1987) (mentioning the section briefly in one paragraph in fourteen-page opinion); Graves v. Wayne County, 333 N.W.2d 740, 742-43 (Mich. Ct. App. 1983) (mentioning the section in a quoted excerpt from another case, but including no separate analysis by the deciding court). 17 McCann v. State Dep't of Mental Health, 247 N.W.2d 521, 526 (Mich. 1976). 18 Sparks v. Pilot Freight Carriers, Inc., 830 F.2d 1554, 1559-60 (11th Cir. 1987) (involving a

11
Olson v. Connerlygreen
wisctapp · 1989 · cited in 1 Wisconsin opinions naming this issue, 1996–1996
2 sentences

1996L.L.N. argued in the trial court that summary judgment was improper on the vicarious liability claim, and we reject the Diocese's contention that the argument was waived. 15 The section was discussed in a dissenting opinion in Olson v. Connerly, 151 Wis. 2d 663, 680 , 445 N.W.2d 706, 713 (Ct. App. 1989), aff'd, 156 Wis. 2d 488 , 457 N.W.2d 479 (1990).

1996L.L.N. argued in the trial court that summary judgment was improper on the vicarious liability claim, and we reject the Diocese's contention that the argument was waived. 15 The section was discussed in a dissenting opinion in Olson v. Connerly, 151 Wis. 2d 663, 680 , 445 N.W.2d 706, 713 (Ct. App. 1989), aff'd, 156 Wis. 2d 488 , 457 N.W.2d 479 (1990).

11
Graves v. Wayne Countygreen
michctapp · 1983 · cited in 1 Wisconsin opinions naming this issue, 1996–1996
1 sentence

1996It was not argued by the parties in that case, however, or mentioned in the majority opinion. 16 Hicks v. Gates Rubber Co., 833 F.2d 1406, 1418 (10th Cir. 1987) (mentioning the section briefly in one paragraph in fourteen-page opinion); Graves v. Wayne County, 333 N.W.2d 740, 742-43 (Mich. Ct. App. 1983) (mentioning the section in a quoted excerpt from another case, but including no separate analysis by the deciding court). 17 McCann v. State Dep't of Mental Health, 247 N.W.2d 521, 526 (Mich. 1976). 18 Sparks v. Pilot Freight Carriers, Inc., 830 F.2d 1554, 1559-60 (11th Cir. 1987) (involving a

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Kerl v. Dennis Rasmussen, Inc. green
wis · 2004
2 sentences

2011For example, in Kerl v. Dennis Rasmussen, Inc., 2004 WI 86 , 273 Wis. 2d 106 , 682 N.W.2d 328 , we examined the relationship between a franchisor and franchisee when plaintiffs asserted a vicarious liability claim against the franchisor based on the alleged negligence of the franchisee.

2011For example, in Kerl v. Dennis Rasmussen, Inc., 2004 WI 86 , 273 Wis. 2d 106 , 682 N.W.2d 328 , we examined the relationship between a franchisor and franchisee when plaintiffs asserted a vicarious liability claim against the franchisor based on the alleged negligence of the franchisee.

22008–2011
Suchomel v. University of Wisconsin Hospital & Clinics green
wisctapp · 2005
1 sentence

2025See § 233.17; Suchomel, 288 Wis. 2d 188, ¶¶25-26 .

12025–2025
ESTATE OF SUSTACHE v. American Family Mutual Insurance Company green
wis · 2008
2 sentences

2018Id. , ¶ 6.

2018Id. , ¶ 6 n.6.

12018–2018
cluster 504436 green
ca7 · 1988
1 sentence

1996It was not argued by the parties in that case, however, or mentioned in the majority opinion. 16 Hicks v. Gates Rubber Co., 833 F.2d 1406, 1418 (10th Cir. 1987) (mentioning the section briefly in one paragraph in fourteen-page opinion); Graves v. Wayne County, 333 N.W.2d 740, 742-43 (Mich. Ct. App. 1983) (mentioning the section in a quoted excerpt from another case, but including no separate analysis by the deciding court). 17 McCann v. State Dep't of Mental Health, 247 N.W.2d 521, 526 (Mich. 1976). 18 Sparks v. Pilot Freight Carriers, Inc., 830 F.2d 1554, 1559-60 (11th Cir. 1987) (involving a

11996–1996
Olson v. Connerly green
wis · 1990
2 sentences

1996L.L.N. argued in the trial court that summary judgment was improper on the vicarious liability claim, and we reject the Diocese's contention that the argument was waived. 15 The section was discussed in a dissenting opinion in Olson v. Connerly, 151 Wis. 2d 663, 680 , 445 N.W.2d 706, 713 (Ct. App. 1989), aff'd, 156 Wis. 2d 488 , 457 N.W.2d 479 (1990).

1996L.L.N. argued in the trial court that summary judgment was improper on the vicarious liability claim, and we reject the Diocese's contention that the argument was waived. 15 The section was discussed in a dissenting opinion in Olson v. Connerly, 151 Wis. 2d 663, 680 , 445 N.W.2d 706, 713 (Ct. App. 1989), aff'd, 156 Wis. 2d 488 , 457 N.W.2d 479 (1990).

11996–1996
King v. Boone green
scotus · 1994
1 sentence

1996It was not argued by the parties in that case, however, or mentioned in the majority opinion. 16 Hicks v. Gates Rubber Co., 833 F.2d 1406, 1418 (10th Cir. 1987) (mentioning the section briefly in one paragraph in fourteen-page opinion); Graves v. Wayne County, 333 N.W.2d 740, 742-43 (Mich. Ct. App. 1983) (mentioning the section in a quoted excerpt from another case, but including no separate analysis by the deciding court). 17 McCann v. State Dep't of Mental Health, 247 N.W.2d 521, 526 (Mich. 1976). 18 Sparks v. Pilot Freight Carriers, Inc., 830 F.2d 1554, 1559-60 (11th Cir. 1987) (involving a

11996–1996

Statutes the citing opinions construe

WI § Wis. Stat. § 802.08 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 51 (2002–2026) NY 28 (1972–2026) FL 26 (1977–2024) MI 24 (1980–2025) IL 21 (1976–2026) CA 16 (1978–2017) PA 16 (1987–2021) TN 15 (1966–2025) IN 15 (1979–2025) NJ 14 (1993–2026) AZ 13 (1992–2025) CT 13 (1999–2024) MS 12 (2004–2023) GA 12 (2000–2023) OH 11 (2005–2025) LA 8 (2004–2025) WI 8 (1996–2025) CO 7 (1968–2021) MO 7 (1995–2024) IA 7 (1991–2026) NV 6 (1978–2021) MN 6 (1961–2024) MD 4 (2013–2026) DE 4 (2015–2020) AL 4 (2005–2025) KS 4 (1983–2022) NM 4 (2012–2023) DC 4 (1997–2020) WY 3 (2001–2025) MA 3 (1983–2023) AK 3 (1980–2002) WA 3 (2013–2025) SD 3 (2000–2012) WV 3 (2001–2024) VA 3 (2005–2018) OR 2 (2008–2009) NH 2 (2006–2009) NC 2 (1999–2002) ME 2 (2009–2010) KY 2 (2001–2006) UT 2 (2011–2023) AR 2 (2013–2021)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check