Negligence – Governmental Immunity

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WI Court of Appeals – District III

Case Name: Alan W. Pinter v. Village of Stetsonville

Case No.: 2017AP1593

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Negligence – Governmental Immunity

Alan Pinter sued the Village of Stetsonville, alleging the Village’s negligence caused wastewater to back up into the basement of his home on September 10, 2014. The circuit court granted the Village summary judgment, concluding it was immune from suit under WIS. STAT. § 893.80(4). Pinter argues the circuit court erred because the “ministerial duty” and “known and compelling danger” exceptions to governmental immunity apply. We conclude, based upon the undisputed facts, that neither of these exceptions is applicable.

Pinter also argues the Village is not entitled to immunity because its actions constituted a “failure to abate a nuisance.” We agree that, to the extent Pinter claims the Village failed to abate a nuisance by failing to properly repair or maintain its wastewater disposal system, the Village is not entitled to immunity. Nonetheless, we conclude the circuit court properly granted the Village summary judgment because Pinter failed to raise a genuine issue of material fact as to whether the allegedly negligent maintenance caused the backup in question. We therefore affirm the circuit court’s grant of summary judgment to the Village.

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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.