Government Immunity-Court Error

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WI Court of Appeals – District III

Case Name: Brandon Harris v. Village of Ridgeland

Case No.: 2021AP001183

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

Focus: Government Immunity-Court Error

At an annual tractor-pull event at Eldon Luer Field in the Village of Ridgeland, Harris arrived just after 6:00 p.m. Spectator seating on the south side of the field consisted of wooden benches built into a hill, with access to the seating via grass aisles between the columns of benches. There were no stairs or hand rails. The benches were full. Because it had rained on the morning of the event, the aisles turned to mud over the course of the evening. At approximately 10:00 p.m., Harris sustained personal injuries when he slipped and fell while attempting to descend the hill from his approximately sixth-row seat.

Harris appeals summary judgments dismissing his personal injury claims against the Village of Ridgeland; League of Wisconsin Municipalities Mutual Insurance; World Pulling International, Inc.; Wisconsin Tractor Pullers Association, Inc.; and National Casualty Company. With respect to the Village of Ridgeland and its insurer, League of Wisconsin Municipalities Mutual Insurance (collectively “the Village”), Harris argues that the circuit court erred by concluding that the known and compelling danger exception to governmental immunity did not apply in this case. Turning to the remaining defendants, Harris contends that the court erred by concluding World Pulling International, Inc., Wisconsin Tractor Pullers Association, Inc., and its insurer, National Casualty Company (collectively “the Tractor Pullers”), were not liable for Harris’s injuries, either as a matter of common law negligence or under the safe place statute, WIS. STAT. § 101.11 (2021-22). The appeals court reject s Harris’s arguments.

Affirmed.

Decided 04/25/23

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