00-3469 Ritzel, et al. v. Wausau Business Insurance Company, et al.

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Jason Ritzel appeals from the circuit court judgments dismissing his action, following its decision granting summary judgment to The Marcus Corporation d/b/a Budgetel Inn and its insurer, and to Arthur Talley, an R&E Protective Services security guard working at the Budgetel where Ritzel was shot during an altercation in the Budgetel parking lot. Ritzel argues that material factual disputes exist and, therefore, that the court erred in granting summary judgment.

We conclude that the circuit court correctly determined: (1) that although factual disputes remain, Ritzel’s own version of the events established, as a matter of law, that his negligence exceeded Talley’s; and (2) that Ritzel’s submissions in support of his safe-place claim were insufficient for the claim to survive summary judgment.

Accordingly, we affirm.

This opinion will not be published.

Dist I, Milwaukee County, Franke, J., Per Curiam

Attorneys:

For Appellant: Serena E. Pollack, Milwaukee

For Respondent: Anna M. Pepelnjak, Milwaukee; Raymond J. Pollen, Milwaukee; Marianne Morris Belke, Milwaukee