Anderson v. City of Milwaukee

The City of Milwaukee appeals from a judgment, after a jury trial, awarding Shirley D. Anderson $443,600.87 in compensatory damages arising out of her negligence action against the City. The City also appeals from an order denying its post-verdict motion for relief under § 806.07(l)(d) and (h), Stats.

The City raises several issues for our review, the primary of which is whether the City can waive the $50,000 municipal damage limitation under § 893.80(3), Stats., by failing to plead the limitation as an affirmative defense and by failing to specifically raise the statutory damage limitation in…