Summary Judgment Secured for Hospital Corporate Officer in Wisconsin Case Raising Issues of First Impression
In August 2026, Baker Sterchi secured dismissal on summary judgment for a hospital corporate officer in a negligence case filed in Langlade County Circuit Court, Wisconsin.
The plaintiff, a hospital patient, alleged she developed a hospital-acquired infection and sued the defendant for common law negligence, claiming the defendant failed to enact and enforce adequate pathogen-control policies.
The defense argued that the defendant was immune from suit under a Wisconsin statute granting immunity to officers of nonstock, nonprofit corporations for claims arising from the performance of their duties. Although the hospital was not itself a registered nonstock, nonprofit corporation, it operated under a “doing business as” (d/b/a) name of an entity that was.
The plaintiff raised two issues of first impression under Wisconsin law: whether the statutory immunity extends to claims brought by injured third parties and whether it applies to officers of an entity operating as a d/b/a of a registered nonprofit corporation.
The trial court agreed with the defense on both issues, ruling that the statutory immunity extends to claims brought by third parties and to officers of an entity operating as a d/b/a of a registered nonprofit corporation. The court granted summary judgment in favor of the defendant.
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