01-1946-FT Jones v. Wisconsin County Mutual Insurance Corporation, et al.

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Shawano County and Wisconsin County Mutual Insurance Corporation petitioned for leave to appeal an order denying their summary judgment motion. We granted leave. Lillie Jones brought this action to recover for injuries sustained when she fell down steps at the entrance to Evergreen Group Home, owned by Shawano County. The court determined that the County was not immune from Jones’ personal injury suit and accordingly denied its summary judgment motion.

The County and its insurers argue that the trial court erroneously concluded that Wisconsin’s safe-place statute, Wis. Stat. §101.11, creates a ministerial duty to construct and maintain a safe stairway and landing at the group home. They also contend that neither the “known and present danger” rule nor the Wisconsin Administrative Code creates a ministerial duty under the circumstances of this case. We agree. Because the County’s duty was discretionary, we conclude that the County is immune from Jones’ suit.

We therefore reverse the order and remand with directions to grant the County and their insurer their motion for summary judgment of dismissal.

This opinion will not be published.

Dist III, Shawano County, Grover, J., Per Curiam

Attorneys:

For Appellant: David A. Ray, Stevens Point

For Respondent: Daniel F. Aschenbrener, Shawano