Slip and Fall-Governmental Immunity

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WI Court of Appeals – District III

Case Name: Vicki Pfeifer v. Secura Insurance a Mutual Company

Case No.: 2023AP000713

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

Focus: Slip and Fall-Governmental Immunity

In the case of Vicki Pfeifer v. Secura Insurance a Mutual Company, the Court of Appeals of Wisconsin affirmed the decision of the circuit court granting summary judgment in favor of the City of Merrill and its insurer, League of Wisconsin Municipalities Mutual Insurance. Pfeifer was injured after tripping on spilled concrete on a city sidewalk, which was under construction by S.D. Ellenbecker, Inc. She filed a negligence lawsuit against the City and Ellenbecker.

The City moved for summary judgment, claiming immunity under Wisconsin Statutes § 893.80(4), which grants municipalities immunity from liability for acts performed in a legislative, quasi-legislative, judicial, or quasi-judicial capacity, essentially acts involving discretion. The circuit court agreed with the City, finding no exceptions to this immunity applied, and dismissed all claims against the City. Ellenbecker and Pfeifer argued that exceptions to the immunity, such as ministerial duty and known and compelling danger, should allow the lawsuit to proceed. However, the Court of Appeals upheld the circuit court’s ruling, affirming that the City was entitled to immunity as no ministerial duty was violated and no known and compelling danger existed to impose a ministerial duty​​.

Affirmed.

Decided 07/02/24 

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