Beverly Stanhope, Plaintiff-Appellant and Cross-Respondent: Harley Stanhope, Plaintiff v. Brown County, and…

Summary

The court upheld the statutory $25,000 limitation on recovery from governmental tortfeasors against equal-protection and certain-remedy challenges. It nevertheless held that the county and its insurer waived that limitation through a policy endorsement disclaiming the governmental-functions defense, so Stanhope could recover covered damages up to the policy limits. The court also upheld the trial court's rulings allowing the late defense, sustaining the jury's causal-negligence findings, denying a new trial, and denying credit for the settlement with GM.