01-1825 Smith v. Anderson, et al.

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Tracy Smith appeals a summary judgment dismissing her intentional infliction of emotional distress action against two Marathon County social workers, Patricia Anderson and Bonnie Kinate. Smith’s complaint alleged that the social workers intentionally inflicted distress on her by their activities in a juvenile court proceeding involving placement of Smith’s minor children. The trial court concluded that Smith failed to comply with the notice of claims provisions set out in Wis. Stat. sec. 893.80 (1999-2000). Smith concedes that she did not provide notice of the event giving rise to the claim within 120 days of the event, but argues that she falls within the exception stated in sec. 893.80(1)(a) because the Marathon County Department of Social Services had actual notice of the claim and was not prejudiced by her failure to give written notice.

We reject that argument and affirm the judgment.

This opinion will not be published.

Dist III, Marathon County, Hartley, J., Per Curiam

Attorneys:

For Appellant: David E. Lasker, Madison; Ryan D. Lister, Wausau

For Respondent: Raymond L. Pollen, Milwaukee; Marianne Morris Belke, Milwaukee