Holytz, by Guardian Ad Litem, and Another, Appellants v. City of Milwaukee, Respondent

Summary

The court abolished Wisconsin's judicially created doctrine of governmental immunity from tort liability and held that municipalities are generally liable for torts, regardless of whether the underlying activity is governmental or proprietary. The abolition applies broadly to torts by commission or omission and to public bodies throughout the state, subject to specified exceptions and a prospective effective date, but it applies to this case. Justice Currie, concurring, explained why legislative rejection of proposed changes does not prevent the court from revising a court-made rule.