Wagner v. Wisconsin Municipal Mutual Insurance

James Wagner appeals from a summary judgment granted in favor of Wisconsin Municipal Mutual Insurance Company and the City of Eau Claire (collectively "City"). Wagner argues that the circuit court erred by applying the "open and obvious danger" doctrine to the facts of this case and thereby concluding that Wagner's negligence exceeded the City's negligence as a matter of law. Because the facts of this case reveal no public policy justifying a direct abrogation of Wisconsin's comparative negligence principles, the open and obvious danger doctrine does not apply to this ordinary negligence…