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Torts – Trespass – public policy

Wisconsin Court of Appeals

Civil

Torts – Trespass – public policy

Kevin Stanford and the Stanford Trust (hereafter collectively referred to as “Stanford”) appeal the order granting summary judgment on claims alleged against Clinton L. Stamps and Time Warner Cable (hereafter collectively referred to as “Stamps”). The order was accompanied by a written decision in which the trial court determined that: Stamps trespassed on Stanford’s property by parking his work van — owned by Time Warner Cable — on a concrete pad next to Stanford’s garage without permission; Stamps? trespass was a substantial cause of a fire that began in the van and spread to Stanford’s garage, destroying the garage; and, nevertheless, public policy factors precluded liability. Stanford argues that summary judgment is inappropriate in this case because public policy factors do not preclude liability, and we agree. We consequently reverse the trial court’s order. Not recommended for publication in the official reports.

2013AP2039 Stanford v. Time Warner Cable of Southeastern Wisconsin Limited Partnership

Dist. I, Milwaukee County, Foley, J., Curley, J.

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