Errata: Marino Construction Co., Inc. v. City of Milwaukee
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No. 94-1382 STATE OF WISCONSIN IN COURT OF APPEALS DISTRICT I MARINO CONSTRUCTION CO., INC., Plaintiff-Appellant, v. ERRATA SHEET CITY OF MILWAUKEE, BOARD OF HARBOR COMMISSIONERS OF THE CITY OF MILWAUKEE AND KENNETH J. SZALLAI, Defendants-Respondents. Marilyn L. Graves Clerk of Court of Appeals 231 East, State Capitol Madison, WI 53702 Peg Carlson Chief Staff Attorney 119 Martin Luther King Blvd. Madison, WI 53703-3330 Jennifer Krapf Administrative Assistant 119 Martin Luther King Blvd. Madison, WI 53703-3330 Court of Appeals, District II 2727 N. Grandview Blvd. Suite 300 Waukesha, WI 53188-1672 Court of Appeals, District III 740 Third Street Wausau, WI 54403-5784 Court of Appeals, District IV 119 Martin Luther King Blvd. Madison, WI 53703-3330 Hon. Michael D. Guolee 901 N. 9th Str., Rm. 503 Milwaukee, WI 53233 Stuart S. Mukamal Office of City Attorney 200 E. Wells Str., Rm. 800 Milwaukee, WI 53202 Burton A. Strnad Burton A. Strnad, S.C. 735 N. Water Str., Rm. 928 Milwaukee, WI 53202 No. 94-1382 PLEASE TAKE NOTICE that the attached page 2 is to be substituted for page 2 in the above-captioned opinion which was released on October 17, 1995. Dated this 25th day of December, 2006. -2- No. 94-1382 Milwaukee and the Board of Harbor Commissioners of the City of Milwaukee. The trial court dismissed the amended complaint after it concluded that libel is an intentional tort and therefore the City and the Board of Harbor Commissioners as governmental entities were immune from liability under ยง 893.80(4), STATS.1 We conclude that Marino Construction's seven causes of action for libel as pleaded in its amended complaint are premised upon alleged intentional conduct on the part of the City and its agents, and accordingly the trial court properly applied the doctrine of governmental immunity in dismissing the amended complaint against the City and the Board of Harbor Commissioners. We affirm. On August 2, 1991, the City and the Board of Harbor Commissioners entered into a contract with Marino Construction to build portions of the Port of Milwaukee Headquarters Building. The company constructed the building. 1 Section 893.80(4) STATS., provides: (4) No suit may be brought against any volunteer fire company organized under ch. 213, political corporation, governmental subdivision or any agency thereof for the intentional torts of its officers, officials, agents or employes nor may any suit be brought against such corporation, subdivision or agency or volunteer fire company or against its officers, officials, agents or employes for acts done in the exercise of legislative, quasi-legislative, judicial or quasi-judicial functions. -2-
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