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WAGNER v. DHSS

No. 90-0658.

163 Wis.2d 318 (1991)

471 N.W.2d 269

Ralph M. WAGNER, Plaintiff-Appellant, v. State of Wisconsin DEPARTMENT OF HEALTH & SOCIAL SERVICES, Patricia Goodrich, Denis Moriearty, Gervase Thompson, St. Paul Fire & Marine Insurance Company, and Juneau County, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided May 9, 1991.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Michael J. Ganzer and Daniel J. Miske of Fiorenza & Hayes, S.C. of Milwaukee.

For the defendants-respondents the cause was submitted on the briefs of Donald J. Hanaway, attorney general, with Robert D. Repasky, assistant attorney general.

Before Eich, C.J., Gartzke, P.J., and Sundby, J.

GARTZKE, P.J.

Ralph Wagner appeals from an order dismissing his complaint against Denis Moriearty. On November 26, 1987, Wagner was the jailer in the Juneau County jail. Several inmates attacked him during their escape. Moriearty is a jail inspector employed by the Department of Health and Social Services. Wagner brought this action in negligence against Moriearty for damages resulting from his personal injuries.

The trial court granted Moriearty's motion...

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