No.
94-1382
STATE OF WISCONSIN IN COURT OF APPEALS
DISTRICT I
MARINO CONSTRUCTION
CO., INC.,
Plaintiff-Appellant,
v. ERRATA SHEET
CITY OF MILWAUKEE,
BOARD OF HARBOR
COMMISSIONERS
OF THE CITY OF
MILWAUKEE
AND KENNETH J.
SZALLAI,
Defendants-Respondents.
Marilyn
L. Graves Clerk
of Court of Appeals 231
East, State Capitol Madison,
WI 53702 |
Peg
Carlson Chief
Staff Attorney 119
Martin Luther King Blvd. Madison,
WI 53703-3330 |
Jennifer
Krapf Administrative
Assistant 119
Martin Luther King Blvd. Madison,
WI 53703-3330 |
Court
of Appeals, District II 2727
N. Grandview Blvd. Suite
300 Waukesha,
WI 53188-1672 |
Court
of Appeals, District III 740
Third Street Wausau,
WI 54403-5784 |
Court
of Appeals, District IV 119
Martin Luther King Blvd. Madison,
WI 53703-3330 |
Hon.
Michael D. Guolee 901
N. 9th Str., Rm. 503 Milwaukee,
WI 53233 |
Stuart
S. Mukamal Office
of City Attorney 200
E. Wells Str., Rm. 800 Milwaukee,
WI 53202 |
Burton
A. Strnad Burton
A. Strnad, S.C. 735
N. Water Str., Rm. 928 Milwaukee,
WI 53202 |
|
PLEASE TAKE NOTICE that
the attached page 2 is to be substituted for page 2 in the above-captioned
opinion which was released on October 17, 1995.
Dated this 25th day of December, 2006.
Milwaukee
and the Board of Harbor Commissioners of the City of Milwaukee. The trial court dismissed the amended
complaint after it concluded that libel is an intentional tort and therefore
the City and the Board of Harbor Commissioners as governmental entities were
immune from liability under § 893.80(4), Stats.[1] We conclude that Marino Construction's seven
causes of action for libel as pleaded in its amended complaint are premised
upon alleged intentional conduct on the part of the City and its agents, and
accordingly the trial court properly applied the doctrine of governmental
immunity in dismissing the amended complaint against the City and the Board of
Harbor Commissioners. We affirm.
On August 2, 1991, the
City and the Board of Harbor Commissioners entered into a contract with Marino
Construction to build portions of the Port of Milwaukee Headquarters
Building. The company “constructed” the
building.
[1]
Section 893.80(4) Stats.,
provides:
(4) No suit may be brought against any volunteer fire company organized under ch. 213, political corporation, governmental subdivision or any agency thereof for the intentional torts of its officers, officials, agents or employes nor may any suit be brought against such corporation, subdivision or agency or volunteer fire company or against its officers, officials, agents or employes for acts done in the exercise of legislative, quasi‑legislative, judicial or quasi‑judicial functions.