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WAGNER v. WISCONSIN MUNICIPAL MUT. INS. CO.

No. 99-0501.

230 Wis.2d 633 (1999)

601 N.W.2d 856

James R. WAGNER, Plaintiff-Appellant, v. WISCONSIN MUNICIPAL MUTUAL INSURANCE COMPANY and City of Eau Claire, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided September 28, 1999.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of James E. Garvey of Garvey, Anderson, Johnson, Gabler & Geraci, S.C. of Eau Claire.

On behalf of the defendants-respondents, the cause was submitted on the brief of Richard D. Duplessie of Weld, Riley, Prenn & Ricci, S.C. of Eau Claire.

Before Cane, C.J., Hoover, P.J., and Peterson, J.

CANE, C.J.

James Wagner appeals from a summary judgment granted in favor of Wisconsin Municipal Mutual Insurance Company and the City of Eau Claire (collectively "City"). Wagner argues that the circuit court erred by applying the "open and obvious danger" doctrine to the facts of this case and thereby concluding that Wagner's negligence exceeded the City's negligence as a matter of law. Because the facts of this case reveal...

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