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ANDERSON v. CITY OF MILWAUKEE

Nos. 94-1030, 94-2162.

208 Wis.2d 18 (1997)

559 N.W.2d 563

Shirley D. ANDERSON, Plaintiff-Respondent, v. CITY OF MILWAUKEE, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided February 28, 1997.

Attorney(s) appearing for the Case

For the defendant-appellant-petitioner the cause was argued by Rudolph M. Konrad, deputy city attorney with whom on the briefs were Michael G. Tobin, assistant city attorney and Grant F. Langley, city attorney.

For the plaintiff-respondent there was a brief by Thomas M. Pyper and Whyte Hirschboeck Dudek, S.C., Madison and oral argument by Thomas M. Pyper.

Amicus curiae brief was filed by Claire Silverman, assistant legal counsel, for the League of Wisconsin Municipalities.

¶ 1. N. PATRICK CROOKS, J.

The City of Milwaukee (City) seeks review of a published decision of the court of appeals,1 which affirmed a judgment and order of the Circuit Court for Milwaukee County. The court of appeals held that the City had waived, by omission, the $50,000 liability damage limitations under Wis. Stat. § 893.80(3) (1991-92)2 when it failed to plead it as an affirmative defense in...

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