Torts — safe place statute — negligence

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Wisconsin Court of Appeals

Civil

Torts — safe place statute — negligence

Ty Babbitts appeals a circuit court order dismissing Babbitts’ negligence and safe place statute claims on summary judgment. Babbitts argues that: (1) disputed issues of material fact precluded summary judgment; (2) the circuit court erred by denying Babbitts’ motion for reconsideration, dismissing Babbitts’ claims with prejudice, and denying Babbitts leave to file a second amended complaint; and (3) Babbitts is entitled to reversal in the interest of justice. We conclude that the circuit court properly granted summary judgment because the undisputed evidence defeated Babbitts’ safe place and negligence claims. We further conclude that the circuit court did not erroneously exercise its discretion by denying Babbitts’ motions, that the order was properly entered, and that Babbitts is not entitled to reversal in the interest of justice. We affirm. This opinion will not be published.

2013AP117 Babbitts v. Petersen, et al.

Dist IV, Waupaca County, Hoffmann, J., Per Curiam

Attorneys: For Appellant: Henderson, Brian J., Milwaukee; For Respondent: Dreier, Gary L., Stevens Point