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TOBIAS v. COUNTY OF RACINE

No. 92-1284.

179 Wis.2d 155 (1993)

507 N.W.2d 340

Sheree TOBIAS, Plaintiff-Respondent, v. COUNTY OF RACINE, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided August 11, 1993.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of LeRoy Kramer, III, deputy corporation counsel of Racine.

On behalf of the plaintiff-respondent, the cause was submitted on the briefs of Eugene A. Gasiorkiewicz and Alice A. Nejedlo of Hanson, Gasiorkiewicz & Weber, S.C. of Racine.

An amicus brief was submitted by Charles H. Bohl and Erika T. Flierl of Frisch Dudek, Ltd., of Milwaukee.

Before Anderson, P.J., Brown and Nettesheim, JJ.

BROWN, J.

The county of Racine appeals from a judgment awarding money damages to Sheree Tobias for the wrongful death of her daughter, Diana Jo White. We must decide whether a governmental entity may be held liable when its human services department fails to prevent the drive-by shooting death of a runaway child. We hold that, in this case, the county is not liable for its alleged negligence because any negligence was not...

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