Negligence – Governmental Immunity

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WI Court of Appeals – District IV

Case Name: Dane Radebaugh, et al. v. Roger Burrow

Case No.: 2016AP2357

Officials: Lundsten, P.J., Kloppenburg and Fitzpatrick, JJ.

Focus: Negligence – Governmental Immunity

Dane Radebaugh was injured when he was struck in the head by a line-drive foul ball while participating in a recreational league baseball game at Campus Field in Lake Mills. Radebaugh, by his Guardian ad Litem, and his parents Lisa Scott and James Radebaugh, sued the Lake Mills School District and the Lake Mills Recreational Department and their insurers, along with Radebaugh’s coach, Terry Yandre, two umpires refereeing the game, Travis Meyers and Roger Burrow, and their insurers, alleging negligence.

The School District, Yandre, Meyers, and Burrow moved for summary judgment, asserting in pertinent part that they are entitled to dismissal of Radebaugh’s claims based on governmental immunity under WIS. STAT. § 893.80(4) (2015-16); Yandre, Meyers, and Burrow also asserted that they are entitled to dismissal of Radebaugh’s claims based on contact sports immunity under WIS. STAT. § 895.525(4m).The circuit court granted the defendants’ motions, concluding in pertinent part that: (1) the known and compelling danger exception does not apply to abrogate the School District’s and Yandre’s immunity under the governmental immunity statute, WIS. STAT. § 893.80(4); and (2) the reckless conduct exception does not apply to abrogate Yandre’s, Burrow’s, and Meyers’ immunity under the contact sports immunity statute, WIS. STAT. § 895.525(4m).

Radebaugh appeals, arguing that the defendants are not entitled to summary judgment because the known and compelling danger exception abrogates the School District’s and Yandre’s governmental immunity, and a question of fact exists as to whether the reckless conduct exception abrogates Yandre’s, Burrow’s, and Meyers’ contact sports immunity. Viewing the evidence presented on summary judgment in Radebaugh’s favor, we conclude that the School District and the individual defendants are immune from liability and, therefore, we affirm.

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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.