HENNES v. LOCH NESS BAR

FOLEY, P.J.

We hold that a Minnesota judgment imposing dram shop liability on a Wisconsin bar for selling alcohol in Wisconsin is invalid. Wisconsin has rejected dram shop liability, Olsen v. Copeland, 90 Wis.2d 483, 488-90, 280 N.W.2d 178, 180-81 (1979), and Loch Ness was entitled to rely on this in insuring and conducting its bar business in Wisconsin. Minnesota is not entitled to export its public policy to Wisconsin, a coequal sovereign. See World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 292-93 (1980). The circuit court therefore correctly refused to enforce the Minnesota judgment.

The judgment also would no longer be enforced in Minnesota. The judgment is for damages from a Minnesota automobile accident. The accident was caused by Roger Lee, who had been drinking at the Loch Ness Bar in St. Croix County, Wisconsin, some four miles from the Wisconsin-Minnesota border. The basis for Loch Ness's liability was that it negligently served too many drinks to Lee Loch Ness did not appear in the Minnesota action, The Henneses took a default judgment. Jurisdiction for this judgment was based on Minnesota Supreme Court decisions that have since been overruled. See West American Insurance Co. v. Westin, 337 N.W.2d 676 (Minn. 1983).:

By the Court. — Judgment affirmed.