Jones v. Wisconsin County Mutual Ins.

1. Shawano County and Wisconsin County Mutual Insurance Corporation petitioned for leave to appeal an order denying their summary judgment motion.1 We granted leave. Lillie Jones brought this action to recover for injuries sustained when she fell down steps at the entrance to Evergreen Group Home, owned by Shawano County. The court determined that the County was not immune from Jones's personal injury suit and accordingly denied its summary judgment motion.

2. The County and its insurers argue that the trial court erroneously concluded that Wisconsin's safe-place statute, Wis. Stat. §101.11, creates a ministerial duty to construct and maintain a safe stairway and landing at the group home. They also contend that neither the "known and present danger" rule nor the Wisconsin Administrative Code creates a ministerial duty under the circumstances of this case. We agree. Because the County's duty was discretionary, we conclude that the County is immune from Jones's suit. We therefore reverse the order and remand with directions to grant the County and their insurer their motion for summary judgment of dismissal.

Background

3. When the County purchased the group home in 1998, it installed a wheelchair ramp and railing to access the set of front doors. The entranceway originally had two steps leading to a concrete landing. When the County added a ramp on the opposite side of the landing, the contractor who performed the work made it uneven. The side where the ramp ends is two and three-quarter inches higher than the side at the top of the steps. As a result, there is a "tripper" running down the center of the landing, perpendicular to the set of doors.

4. In March 1999, Jones visited the group home. When she was standing on the landing, the door to the group home opened. Jones stepped out of the way and tripped over the two-and-three-quarter-inch drop. She fell down the steps and suffered severe head injuries.

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Click the case caption above for the full text of the Court's opinion.

¶23. We conclude that the County's duty with respect to constructing and maintaining the landing was discretionary. Consequently, its actions do not fit within the exception to governmental immunity. We reverse the order denying summary judgment and remand with directions to grant the County and its insurer their motion for summary judgment of dismissal.

By the Court. Order reversed and cause remanded with directions.

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