Richards v. Badger Mutual Insurance Co.

Two underage friends, Schrimpf (defendant) and Zimmerlee, enlisted an older coworker, Pratchet, to buy them beer, which they brought to a party; Zimmerlee drank about half of it, then drove with Schrimpf and, half a block later, ran a stop sign and fatally hit Chris Richards's car. Chris's wife, Michelle Richards (plaintiff), first sued and settled with Zimmerlee, then sued Schrimpf and his insurer, Badger Mutual (defendant), along with Pratchet, for wrongful death; a settlement apportioned causal negligence 72% to Zimmerlee and 14% each to Schrimpf and Pratchet. Under Wisconsin's statute, tortfeasors under 50% negligent avoid joint and several liability unless they acted under a common scheme or plan; the trial court found Schrimpf and Pratchet had such a common plan, making Schrimpf jointly and severally liable for the full $500,000. The court of appeals reversed, agreeing with Schrimpf that the common plan was only to illegally buy alcohol, not to drive drunk, and Michelle Richards appealed.