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Torts — governmental immunity

By: WISCONSIN LAW JOURNAL STAFF//January 14, 2014//

Torts — governmental immunity

By: WISCONSIN LAW JOURNAL STAFF//January 14, 2014//

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Wisconsin Court of Appeals

Civil

Torts — governmental immunity

Michael Harvey, the Town of Washburn, and Rural Mutual Insurance Company (collectively, Harvey) appeal a judgment awarding damages to Brody Holman, Hunter Holman, and Jordan Holman. The Holmans were injured when the minivan they were riding in collided with a motor grader operated by Harvey, a Town of Washburn employee. Harvey moved for summary judgment, arguing he was entitled to governmental immunity. The circuit court denied Harvey’s motion, concluding there was a disputed issue of material fact as to whether the known and compelling danger exception to governmental immunity applied. We conclude Harvey is immune from suit. We therefore reverse. This opinion will not be published.

2012AP2552 Holman, et al. v. Harvey, et al.

Dist III, Bayfield County, Eaton, J., Per Curiam

Attorneys: For Appellant: Heaney, Patrick G., Rice Lake; For Respondent: Rohde, Dean R., River Falls; Heidt, Martha H., River Falls

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