Insurance-Contracts

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WI Court of Appeals – District I

Case Name: Roxanne Schlender v. Forest County Potawatomi Community

Case No.: 2021AP001813

Officials: Brash, C.J., Donald, P.J., and White, J.

Focus: Insurance-Contracts

Roxanne Schlender appeals the order of the trial court granting summary judgment in favor of The Travelers Indemnity Company (Travelers), and dismissing her action with prejudice. Schlender’s action stemmed from an incident at Potawatomi Casino—which was insured through Travelers— during which Schlender alleged she suffered an assault and battery and false imprisonment by an officer from the Milwaukee Police Department (MPD), who was working security duty at Potawatomi. The threshold issue in this matter is which entity—MPD or Potawatomi—was in control, and therefore ultimately liable, for the officer’s actions during the incident. The agreement between MPD and  Potawatomi states that MPD would provide “off-duty, overtime assignment of MPD police officers” for security duty at Potawatomi. Furthermore, it provides that “[t]he actions of the MPD personnel shall be governed by the policies and practices of the City and the MPD as exercised in the discretion the City and the Chief [of Police of MPD]. The trial court addressed the fact that the agreement indicates that the “parties” are “independent contractors” for purposes of executing the duties described in the agreement.

The trial court properly granted summary judgment.

Affirmed.

Decided 03/28/23

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