Dr. Randall Melchert v. Pro Electric Contractors

¶ 52. (dissenting). When this court abrogated the common law doctrine of sweeping governmental immunity in Holytz v. City of Milwaukee, 17 Wis. 2d 26, 115 N.W.2d 618 (1962), it lamented that "[t]he rules surrounding municipal tort immunity have resulted in . . . highly artificial judicial distinctions." Id. at 32. More than a half century later, "artificial judicial distinctions" once again pervade our governmental immunity cases, and the majority overlooks an opportunity to fix this creeping error. Although the legislature grants immunity to certain governmental entities and their agents…