Damages

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WI Court of Appeals – District IV

Case Name: Andrew Engen et al v. Wood county, et al

Case No.: 2015AP1209

Officials: Lundsten, Higginbotham and Sherman, JJ.

Focus: Damages

Wood County appeals an order of the circuit court denying its motion for summary judgment. Andre Engen and Tori Seubert (collectively, the Plaintiffs) brought suit against Wood County, seeking to recover for damages they allegedly sustained when they drove over a portion of County Highway C in Wood County that was undergoing a culvert repair at the time. Wood County moved for summary judgment, asserting that the Plaintiffs’ claims against it should be dismissed because Wood County has immunity under WIS. STAT. § 893.80(4) (2013-14). We granted Wood County’s petition for leave to appeal the court’s non-final order. See WIS. STAT. RULE 809.50(3). For the reasons explained below, we conclude that Wood County is not entitled to summary judgment and, therefore, affirm the circuit court’s order denying Wood County’s motion for summary judgment.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.