Farmers Mutual Automobile Ins. Co. v. Carl

Action by plaintiff Farmers Mutual Automobile Insurance Company against defendant Carl Gast to recover amounts which plaintiff
paid in settling personal injury claims of a minor and her father against plaintiff's insured. In the alternative, plaintiff
seeks contribution for one half of such sums, together with plaintiff's expenses in investigating the accident and defending
the action instituted by the minor and her father prior to settlement. Plaintiff's complaint alleges: Plaintiff issued a policy of liability insurance to one Kahler insuring his automobile. At
all times material to this action Kahler's seventeen-year-old son, Donald, operated this automobile with his father's consent.
Defendant Gast is the owner and operator of the Pine Castle Tavern and Dance Hall located on County Trunk 'C' in a rural area
of Outagamie county. Defendant knew or should have known that the accepted method by which his customers and invitees arrived
at his place of business was by automobile. On February 13 and 14, 1958, Donald was a business invitee of defendant in the
latter's tavern, having driven there in the insured automobile. Defendant did then in violation of the laws of the state,
and negligently, serve intoxicating beverages to Donald 'in such an amount that the defendant and his servants, because of
said minor's age and apparent condition, knew or should have known would affect his physical and mental condition so as to
make him unfit and incompetent to safely and reasonably operate the motor vehicle entrusted to him by his father * * *.' Thereafter,
Donald left defendant's tavern in his father's automobile but was so affected by the alcoholic beverages served him by defendant
that he was unable to control the automobile which went into a ditch and collided with a tree thereby severely injuring Linda
Van Dyke, a minor passenger.