Wisconsin Court Grants Summary Judgment for Nonprofit and Insurer Clients in Third-Party Assault Case
On June 10, Baker Sterchi secured summary judgment for a nonprofit recreational organization and its insurer in a personal injury case pending in the Circuit Court for La Crosse County, Wisconsin.
The plaintiff alleged that, while a member of the nonprofit and using its facility, he was threatened and assaulted by another patron after facility staff allegedly failed to provide assistance or safe passage despite being notified of the confrontation. The plaintiff asserted negligence claims against the nonprofit and its insurer, alleging they failed to protect him from the criminal acts of a third party.
The defense argued that, under Wisconsin law, the nonprofit had no duty to prevent the assault because the third party’s criminal conduct was not reasonably foreseeable under the circumstances. The court agreed and granted summary judgment in favor of the nonprofit and its insurer, dismissing all claims against them with prejudice.
The ruling resolved the premises liability and related insurance claims before trial. The plaintiff’s intentional battery claim against the individual assailant remains pending.
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