PRIES v. McMILLON

No. 2008AP89.

760 N.W.2d 174 (2008)

2008 WI App 167

Michael PRIES, Plaintiff-Respondent-Cross-Appellant, v. Raymond McMILLON, Defendant-Appellant-Cross-Respondent ABC Insurance Company, Defendant.

Court of Appeals of Wisconsin.

Opinion Filed October 28, 2008.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant and cross-respondent, the cause was submitted on the briefs of J.B. Van Hollen, attorney general and James McCambridge, assistant attorney general.

On behalf of the plaintiff-respondent and cross-appellant, the cause was submitted on the briefs of Anthony J. Skemp of Domnitz & Skemp, S.C. of Milwaukee.

Before FINE, KESSLER and BRENNAN, JJ.


¶ 1 KESSLER, J.

Raymond McMillon1 appeals from a judgment, entered after a bench trial, in favor of Michael Pries, who was injured at the Wisconsin State Fair Park when some metal horse stalls fell on him. McMillon, an employee of the Wisconsin State Fair Park, argues he is immune from liability under the common law doctrine of immunity for state employees ("discretionary act immunity"...

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