SB 125

Under current law, cities, villages, towns, and counties are immune from claims

arising out of the performance of a discretionary duty, or duty that requires a

governmental entity to use judgment or discretion in carrying out the duty. Cities,

villages, towns, and counties are liable for damages of up to $50,000 arising out of

the performance of a nondiscretionary duty.

Also under current law, cities, villages, towns, and counties are liable for

damages of up to $50,000 to a person or property resulting from an insufficiency or

want of repair of a highway, which includes shoulders, sidewalks, and bridges.

Cities, villages, towns, and counties are also liable for damages resulting from the

accumulation of snow or ice that has existed on a highway for at least three weeks.

The Wisconsin Supreme Court in

Morris v. Juneau County

, 219 Wis. 2d 544

(1998), held that the statutory provision imposing liability on cities, villages, towns,

and counties for highway defects is an exception to the more general provision

granting immunity to cities, villages, towns, and counties from liability arising out

of the performance of discretionary duties.

Finally, under current law, if the negligence or deliberate wrongdoing of a

person contributes to the creation of a highway defect that results in damages to a

person or property, the negligent or wrongdoing person is primarily liable and the

city, village, town, or county is secondarily liable only if the negligent person or the

person who committed the wrongdoing does not satisfy the judgment, and the city,

village, town, or county is otherwise liable for the damages.

This bill eliminates the specific immunity exception under which cities,

villages, towns, and counties may be held liable for an insufficiency or want of repairs

of a highway. This bill does not affect the immunity exception under which cities,

villages, towns, and counties may be held liable for damages of up to $50,000 for the

accumulation of snow or ice that has existed on a highway for at least three weeks.

The bill also eliminates secondary liability for cities, villages, towns, and counties.