02-0342-FT Moullette v. City of Rice Lake, et al. (57541)

By: dmc-admin//July 22, 2002//

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The City of Rice Lake and Transit Mutual Insurance Corporation of Wisconsin (collectively, the City) appeal a judgment awarding Thomas Moullette $75,000 for personal injuries. The City claims the trial court erred by denying its motion to dismiss because: (1) Moullette failed to comply with the notice of claim statute, Wis. Stat. sec. 893.802; (2) the record does not support the application of equitable estoppel; and (3) fundamental fairness does not bar its defense. We conclude that Moulette’s notice of claim failed to comply with sec. 893.80, and the elements of equitable estoppel were not proved. We further conclude that the City’s sec. 893.80 defense does not violate principles of fundamental fairness.

Therefore, we reverse the judgment.

This opinion will not be published.

Dist III, Barron County, Henderson, J., Per Curiam

Attorneys:

For Appellant: Bradley D. Armstrong, Madison; Guy Dubeau, Madison

For Respondent: Michael D. Schwartz, Chanhassen, MN

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