Case Brief: Kerl v. Rasmussen (2004) 273 Wis. 2d 106, 682 N.W. 2d
328
FACTS: It occurred on June 11, 1999, when Harvey Pierce left his shift at Arby’s and
walked about a half mile to a Wal-Mart parking lot and ambushed and shot his ex-
girlfriend, Robin Kerl, and her 7ancé, David Jones, who were employees at Wal-Mart.
Kerl was injured seriously in the shooting while Jones was killed. Pierce then shot
and killed himself. Kerl survived but was seriously injured and is permanently dis–
abled. At the time of the shooting, Pierce was a work-release inmate at the Dane
County jail who was employed at a nearby Arby’s restaurant operated by Dennis
Rasmussen, Inc. (“DRI”). Pierce left his shift without permission at the time of the at–