Showers Appraisals, LLC v. Musson Bros., Inc.

Musson Brothers, Inc. was conducting sewer removal and installation as a contractor for the Wisconsin Department of Transportation (DOT) when Mark Showers' property was flooded. Showers filed a complaint against Musson and the City alleging that the two entities were jointly and severally liable for the negligent acts or omissions that caused Showers' building to flood. The circuit court granted summary judgment for the City and Musson, finding that the entities were entitled to governmental immunity. The court of appeals affirmed the summary judgment for Musson, finding that Musson was entitled to governmental contractor immunity as a statutory "agent" under Wis. Stat. 893.80(4). The Supreme Court reversed, holding (1) Musson failed to show it was acting as a governmental entity's agent for purposes of the alleged injury-causing conduct because it was not acting pursuant to "reasonably precise specifications" as required under section 893.80(4); and (2) in asserting the defense of immunity Musson failed to assert that the acts for which it claimed immunity were "acts done in the exercise of legislative, quasi-legislative, judicial or quasi-judicial functions" as required under section 893.80(4). Remanded. View "Showers Appraisals, LLC v. Musson Bros., Inc. " on Justia Law