04-0709 Moran v. Milwaukee County and Global Aerospace, Inc. (62120)

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“As we have seen, Wis. Stat. § 893.80(1)(a) requires that the 120-day notice be both ‘signed by the party, agent or attorney,’ and, also ‘served on the …political corporation, governmental subdivision or agency … under s. 801.11.’ The December 2000, ‘Combined Report’ satisfies neither of these requirements.

“First, contrary to the Morans’ representations in their appellate briefs, the December 5, 2000, ‘Combined Report’ was not signed by either Patricia Moran or her agent or attorney. Second, Wis. Stat. Rule 801.11(4)1. requires that counties be served by serving ‘the chairperson of the county board or the county clerk.’ The December 2000, ‘Combined Report’ was not served on either the chairperson of the Milwaukee County board or on the Milwaukee County clerk, and thus the Morans did not comply with Rule 801.11(4)1.”

Further, plaintiff has failed to show that the county was not prejudiced by her failure to give the 120-day notice.

Judgment affirmed.

Publication in the official reports is recommended.

Dist I, Milwaukee County, Fiorenza, J., Fine, J.

Attorneys:

For Appellant: John P. Higgins, Kenosha

For Respondent: Eric J. Van Vugt, Milwaukee; Joshua B. Fleming, Milwaukee; Daniel Hanrahan, Milwaukee