Garcia (Gloria) v. Hargrove and Another

This is an appeal by Gloria Garcia (hereinafter plaintiff), from an order sustaining the demurrer of Joseph Urso, d/b/a Urso's
Satellite Lounge (hereinafter defendant), to plaintiff's complaint for failure to state a cause of action. The allegations of the complaint, admitted by the demurrer, are substantially as follows: The plaintiff is a resident of
the city of Madison, Dane county, Wisconsin; the defendant sells and serves intoxicating beverages and fermented malt beverages;
Urso's Satellite Lounge is so located that the defendant and his servants and agents knew or should have known that invitees
usually come to his establishment by automobile; on the evening of September 8, 1968, one Roberto Garcia was a business invitee
of the defendant, arriving at said establishment by driving his automobile; at that time the defendant and his servants and
agents unlawfully, negligently and wrongfully sold and served intoxicating beverages and fermented malt beverages to Roberto
Garcia in such amount that the defendant and his servants and agents, because of Roberto Garcia's apparent condition, knew
or should have known would affect his physical and mental condition so as to make him unfit and incompetent to operate a motor
vehicle safely and with reasonable care; shortly after leaving Urso's Satellite Lounge at or about 9:50 p. m. on the evening
of September 8, 1968, Roberto Garcia's physical and mental condition was so affected by the intoxicating beverages and fermented
malt beverages served to him as above described, as to cause said Roberto Garcia to unsafely and unreasonably drive his automobile
so as to be a substantial factor in causing a collision with an automobile driven by one Charles Hargrove at or near the intersection
of West Broadway and Falcon Circle, in the city of Monona, Dane county, Wisconsin; plaintiff was a guest passenger in the
automobile driven by Roberto Garcia, and as a direct and proximate result of the above-described negligence of the defendant,
the plaintiff sustained serious personal injuries. No claim is made that any criminal statute applies to the facts in this
case.