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SMITH v. MILWAUKEE COUNTY

No. 89-0876.

162 Wis.2d 340 (1991)

470 N.W.2d 274

James B. SMITH, Plaintiff-Appellant, v. COUNTY OF MILWAUKEE, Defendant-Respondent, Emmitt B. HUSTON, Jr. and Blue Cross & Blue Shield United of Wisconsin, Defendants.

Supreme Court of Wisconsin.

Decided June 7, 1991.

Attorney(s) appearing for the Case

For the plaintiff-appellant there was a brief (in the court of appeals) by Diane L. Houk and Jacobson, O'Dess & Krings, S.C., Milwaukee and oral argument by Thomas M. Jacobson.

For the defendant-respondent there was a brief (in the court of appeals) and oral argument by Robert E. Andrews, corporation counsel.

CALLOW, WILLIAM G., J.

This case is before this court on certification from the court of appeals, pursuant to sec. (Rule) 809.61, Stats. The plaintiff-appellant James B. Smith (Smith) appeals from a summary judgment of the Milwaukee county circuit court, Judge Michael P. Sullivan. In its judgment, the circuit court dismissed Smith's complaint against the county of Milwaukee (County) on the ground that the County did not owe a duty to Smith.

Smith, was seriously...

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