Legue v. City of Racine

The question presented in this case was when, if ever, does a public officer’s obligation to operate an emergency vehicle with “due regard under the circumstances” under Wis. Stat. 346.03(5) create an exception to the governmental immunity provided by Wis. Stat. 893.80. This appeal stemmed from a collision at an intersection in the City of Racine between the plaintiff’s car and a Racine police car driven by Defendant, a police officer, who was responding to an emergency dispatch calling him to the scene of an accident. The jury rendered a verdict finding that the police officer’s negligence caused the plaintiff’s injuries. The circuit court granted the officer’s motion for judgment notwithstanding the verdict and dismissed the action against the officer. The Supreme Court reversed and remanded with instructions to reinstate the jury verdict, holding (1) the immunity statute does not apply in this case to the police officer’s violation of the duty to operate the vehicle “with due regard under the circumstances”; and (2) there was credible evidence to support the jury verdict of causal negligence on the part of the police officer. View "Legue v. City of Racine" on Justia Law